If your business succeeds, you’ll be in a lawsuit at some point. It’s only a matter of time. Litigation isn’t just the realm of large companies: sometimes disruptive companies are sued by incumbents shortly after they have launched a product or signed a major deal. The evidence that determines whether you’ll win or lose a case is created months or years before the lawsuit is even filed. It’s being created right now. Today’s seemingly innocent benchmarking exercise, email, Facebook post, or tweet could spell your future ruin. Drawing from fictionalized examples we have seen in our real cases, we will give you tools and methods to avoid the embarrassing emails, disastrous disclosures, and waiver of attorney-client privilege that could otherwise be your opponent’s Exhibit A.
Wylie Proctor, McCarter & English, LLP