Author Question: The goals of the meet and confer include: a. developing a litigation hold plan. b. developing a ... (Read 140 times)

Jkov05 · **on:** Aug 3, 2018

The goals of the meet and confer include:

a. developing a litigation hold plan.
b. developing a discovery plan to present to the judge.
c. discussing the best time to have a recess during the trial.
d. discussing the best way to extend deadlines under the Rules.

Question 2

Electro Tech has advised Kate that they just received a letter from attorneys representing a competitor, Synchromotive, Inc, alleging that a device manufactured by Electro Tech, the Accelerex, infringes on a patent held by Synchromotive for a similar device, called a Speedex. They will sue if Electro Tech does not immediately stop producing the Accelerex. What action should Kate take at this time regarding Electro Tech's electronically stored information?

What will be an ideal response?

31809pancho · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

b

Answer to Question 2

The Federal Rules of Civil Procedure state that once a party has a reasonable belief that litigation may arise it has a duty to preserve all documents related to that dispute. In this case, that duty has been triggered. Kate should send Electro Tech a letter advising them to place a litigation hold on all documents related to the dispute. The letter should tell them to immediately halt their document destruction with regard to anything related to the device in question. The letter should specify all the forms of information that could be potentially discoverable, should a lawsuit be filed. Kate is also obligated to follow up with her client to make sure that the litigation hold is being followed.