Litigation Strategy for In-House Counsel - Stewart McKelvey

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THEORY OF THE CASE/INITIAL OPINIONImportance of the Theory of the Case andInitial Opinion• It is important that in-house and external counsel worktogether to develop a theory of the case from the outset.• It is also critical to obtain an initial informed opinion onliability and damages from external counsel at an earlystage including an objective assessment of keywitnesses.122013 NB IN-HOUSE COUNSELPROFESSIONAL DEVELOPMENT DAY© 2013 Stewart McKelvey all rights reserved
THEORY OF THE CASE/INITIAL OPINIONImportance of the Theory of the Case andInitial Opinion• Part of the reporting to in-house counsel will include anassessment of when the theory of the case may have tochange as the litigation proceeds.• Also will want to retain any technical experts early on, asthey can significantly impact the liability assessment.132013 NB IN-HOUSE COUNSELPROFESSIONAL DEVELOPMENT DAY© 2013 Stewart McKelvey all rights reserved
Page 3 and 4: Determining whether to hire externa
Page 5 and 6: RELATIONSHIP WITHEXTERNAL COUNSELRe
Page 7 and 8: RELATIONSHIP WITHEXTERNAL COUNSELCo
Page 9 and 10: BUDGETING ANDSCHEDULINGBudgeting•
Page 11: STAGES OF LITIGATIONStages of the L
Page 15 and 16: RECORDSMANAGEMENTRecords Management
Page 17 and 18: E-DISCOVERYRealities of E-Discovery
Page 19 and 20: THE SEDONAPRINCIPLESThe Sedona Prin
Page 21 and 22: E-DISCOVERYTechnical Aspects of E-D
Page 23 and 24: SPOILIATIONSpoiliation - no joking
Page 25 and 26: QUESTIONS252013 NB IN-HOUSE COUNSEL
Page 27 and 28: Kenneth McCullogh, Q.C.Your top gun
Page 29 and 30: Activities• Member, Canadian Bar
Page 31 and 32: Contact informationSuite 1000, Brun
Page 33 and 34: Sarah Dever Letson“The leading ru

Litigation Strategy for In-House Counsel - Stewart McKelvey

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