Is Intellectual Property Litigation In Your Future? Do This Now!

Whether as a plaintiff or defendant, when faced with an intellectual property lawsuit (or the threat of one), a critical first step a company can take to protect its interests is to preserve its business records relating to the subject matter of the lawsuit.

What should the company do to ensure its business records are preserved? Company management (e.g., an officer, director, or in-house counsel) should promptly circulate a document preservation notice to company personnel.

What is a document preservation notice? A document preservation notice is a company directive that information related to the subject matter of the lawsuit be maintained. The notice requires company personnel to retain the relevant records and other information as they are kept in the ordinary course of business. Additionally, the notice directs that the company's document retention/destruction protocols as to such records is suspended.