The importance of a litigation readiness plan

In a number of our posts this year, we have highlighted the trends and perils of mergers and acquisitions. Of course, not every acquisition turns out to be fruitful, and not every transaction occurs without disputes that turn into lawsuits.

Because of these risks, it is prudent for a company to have a litigation readiness plan; regardless of if the company is brand new or if it has been in business for decades. After all, litigation can be painfully expensive and lead to the loss of profitable business opportunities.

Ideally, the best way to deal with lawsuits (and litigation) is to avoid them. However, if you are embroiled in a dispute and a lawsuit arises, it is prudent to have a litigation readiness plan.  The importance of having such plans is increased because of how Rules 16 and 26 of the Federal Rules of Civil Procedure require companies to produce and retain discoverable documents and electronically stored information.

With that said, this post will identify a couple of important points companies should consider in preparing a litigation readiness plan.

Conduct an ESI Inventory - While knowing your information may seem obvious, being able to locate and organize the information is another exercise.

Have an ESI or IT liaison -  Having someone who can communicate with legal counsel in a common language can help in avoiding communication gaffes and other problems.

Have a discovery response team - In addition to having access to documents and ESI, having a team that can address questions posed by legal counsel is also important.

For additional questions about how to implement such a plan, an experienced attorney can help. 

No Comments

Leave a comment
Comment Information
  • NBLSC Board Certified Lawyer Rated By Super Lawyers | Ryan P. Durham Rated By Super Lawyers | Ben Boston
  • Tennessee Association For Justice | Member 2015-2016 American Association For Premier DUI Attorneys The National Trial Lawyers | Top 100 Trial Lawyers
  • American Institute of Family Law Attorneys | 10 best 2015 American Institute of Personal Injury attorneys | 10 best 2016

Schedule a Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Shulman Bastian LLP | Full Service. Business. Lawyers.

100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

Map & Directions

3550 Vine Street
Suite 210
Riverside, CA 92507

Map & Directions