Cyber security is always important. Anything can happen and you’ve got to protect against everything. You really have to do whatever it takes to guard your intellectual property, which is usually the subject of high stakes business litigation.
Can Personal Email Accounts Be Construed As A Work Account In Discovery Or Investigation Process In A High Stakes Business Litigation Case?
Email accounts have become a big part of litigation. When people use email they do it without a lot of thought. It’s not like writing a letter. You are responding very quickly and people often make impulsive statements that can be very incriminating in their emails. As a result, emails are always sought in discovery. There are special rules dealing with electronically stored information and a lot of times there are fights by the other side, claiming that these are confidential emails and not relevant to the litigation. That is always something that you have to resort to a court to decide.
Do You Work With Public Relations Professionals In High Stakes Cases At Any Point?
I have clients who resort to public relations, but I question them in doing so. You need to be careful about what is published in the media about your case. You could be exposed to defamation claims or you might make certain statements that will come back later to haunt you. I don’t think it’s a great idea, but it certainly is common and can be used effectively.
What Kind Of Information On Staff Or Employees Should Be Gathered Before Entering A High Stakes Business Litigation Case? Why Is It Important?
If you are a plaintiff, before you file your case, you need to do investigations on its merits. This includes doing legal research. You have to really know all the elements of what you have to prove in your case and you have to know all the defenses that could possibly be raised, and this should be done before you file the lawsuit. Interview all staff to make sure you are getting all the facts. You have to know what documents exist, what you have internally, and what you are going to need to gather from a third party. When you gather this information very early on in your case, you’ll be able to establish a discovery plan and know what kinds of experts you might need. The key to winning these types of cases is a lot of preparation.
Is A High Stakes Business Litigation Case Going To Cost Me A Fortune?
There is so much at stake in these cases, oftentimes they can be very expensive. You need a very detailed discovery plan, early on, to be able to identify any expert witnesses you might need. You should retain experts very early because they can help you plan your discovery. They will tell you the kind of information they are going to need to form an opinion. These experts are costly, but when there is a lot of money at stake and your business is at stake, you’ve got to make sure you do everything it takes to prevail.
How Often Do You Use Experts And Investigators In High Stakes Business Litigation Cases?
Expert witnesses are very important in these cases. You almost always need a forensic accounting expert because when you are litigating these cases, one of the elements that you need to prove is the damages. You oftentimes need an expert to give you an opinion on lost profits. Depending on the case, there are other aspects where you might need experts. You may need a computer forensic expert to be able to search computer databases to find deleted documents, for example.
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