Tuesday, February 21, 2012

Why Cleantech Investors Should Get Ready for eDiscovery



http://ow.ly/9c8lD

An article by Gaston Kroub posted on the Clean Techies Blog.

This article discusses eDiscovery obligations during litigation, and looks at the reach of eDiscovery requests for documents that are not in the possession of the parties involved in the litigation.

The article states, "...what is becoming increasingly common, particularly in industries such as software/ecommerce and biotech that are heavily-driven by private-sector funding, is for those investors to become the target of subpoenas seeking information regarding their relationship with their portfolio company that is ensnared in a litigation, as an alleged infringer or even as a patentee.

And the Cleantech investment community is sure to join those other industries as a subpoena target as patent litigation involving investor-backed Cleantech companies increases.

In light of the recent Order in the In Re Google patent litigation, the Cleantech investment community should prepare for a limited ability to completely quash discovery subpoenas in current or future patent litigation involving their respective portfolio companies as litigants."

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