Technology companies often get embroiled in disputes. These can be with licensing disputes, disputes with joint venture partners and suppliers, or disputes with former employees. There are also a range of technology disputes that may occur in relation to intellectual property rights, for example, allegations of patent infringement or misappropriation of confidential information.
There are many fine books and articles about techniques involved in preparing and trying cases. These deal with topics such as how to conduct cross-examinations, trial preparation techniques, ways to draft pleadings and other Court documents, etc… . However, there are far fewer materials that talk about litigation from the perspective of a businessperson or from the perspective of someone managing litigation. In other words, how should a business person or manager strategize and plan around litigation? What are important factors to consider and what things can be given less emphasis? In this series we will present a number of articles about disputes generally and then we will talk more specifically about litigation strategies. Then we will have a series of articles on particular types of disputes that are common in technology commercialization and with technology-oriented companies.