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Contract analysis / document-preservation-protocol-internal.docx
document-preservation-protocol-internal.docx
1014-00004 · 20 clauses
High · 0 Medium · 7 Standard · 0
I. PURPOSE AND SCOPE Medium
⚑ Liability cap to check against exposure
I. PURPOSE AND SCOPE This protocol establishes the internal procedures governing the creation, organization, storage, retention, and eventual disposition of all matter files generated or received by Calderwood & Harkness LLP ("C&H" or the "Firm") in connection with the Firm's representation of Optiwave Semiconductor Corp. ("OWS" or "Client") in patent infringement litigation against Lumicore Technologies, Inc. ("Lumi
II. MATTER IDENTIFICATION AND FILE STRUCTURE Medium
⚑ Confidentiality undertaking
II. MATTER IDENTIFICATION AND FILE STRUCTURE A. Matter Number and Naming Convention The following internal matter identification information has been established for this engagement and must be used in connection with all documents, time entries, costs, and correspondence related to this matter: Internal C&H Matter Number: 1014-00004 Billing Matter Code: 1014-00004 Client: Optiwave Semiconductor Corp. (EIN: 46-392108
III. DOCUMENT CREATION AND STORAGE PROTOCOLS Medium
⚑ Liability cap to check against exposure
III. DOCUMENT CREATION AND STORAGE PROTOCOLS A. Work Product Creation All substantive work product generated in connection with this matter — including but not limited to legal memoranda, briefs, claim charts, analysis documents, correspondence drafts, expert report drafts, and presentation materials — must be created and stored on the C&H DMS using the matter file structure described in Section II.B above. No substa
IV. PRIVILEGE LOG MAINTENANCE
IV. PRIVILEGE LOG MAINTENANCE A. Obligation to Log All documents withheld from production or redacted on the basis of attorney-client privilege, the work-product doctrine, the common-interest privilege, the joint-defense privilege, or any other recognized privilege or protection must be logged on the C&H privilege log for this matter. The obligation to log applies to all documents within the scope of Lumicore's disco
1. Bates/Document Number: The Bates number or document identification number assigned to
1. Bates/Document Number: The Bates number or document identification number assigned to the withheld or redacted document.
2. Date of Document: The date the document was created, sent, or received, as applicable.
2. Date of Document: The date the document was created, sent, or received, as applicable.
3. Author(s): The name(s) and title(s) of the author(s) of the document.
3. Author(s): The name(s) and title(s) of the author(s) of the document.
4. Recipient(s): The name(s) and title(s) of the recipient(s) of the document, including
4. Recipient(s): The name(s) and title(s) of the recipient(s) of the document, including all persons copied.
5. Document Type: The type of document (e.g., email, memorandum, letter, handwritten note
5. Document Type: The type of document (e.g., email, memorandum, letter, handwritten note, presentation, spreadsheet, instant message).
6. General Subject Matter: A brief description of the general subject matter of the docum
6. General Subject Matter: A brief description of the general subject matter of the document, described with sufficient specificity to allow the Court and opposing counsel to assess the privilege claim, but without disclosing privileged content or waiving the applicable privilege.
7. Privilege(s) Asserted: The specific privilege(s) or protection(s) asserted as the basi
7. Privilege(s) Asserted: The specific privilege(s) or protection(s) asserted as the basis for withholding or redacting the document (e.g., attorney-client privilege, work-product doctrine — fact, work-product doctrine — opinion, joint-defense privilege, common-interest privilege). Where a document is redacted rather than withheld in its entirety, the privilege log entry shall so indicate and shall describe the natur
1. Notify Hawthorne Vega & Cruz LLP in writing (via letter or email) of the inadvertent p
1. Notify Hawthorne Vega & Cruz LLP in writing (via letter or email) of the inadvertent production, identifying the document(s) by Bates number and requesting the return or destruction of all copies.
2. Document the incident in the clawback register maintained by the privilege log coordin
2. Document the incident in the clawback register maintained by the privilege log coordinator (Wendy Schultz) in Folder 19 of the DMS, including the date of discovery, the Bates number(s) of the inadvertently produced document(s), the nature of the privilege, the date of notification to opposing counsel, and the steps taken to remediate the production.
3. Promptly notify Alan Ngo and the Client (Rebecca Tanaka) of the incident.
3. Promptly notify Alan Ngo and the Client (Rebecca Tanaka) of the incident.
4. If opposing counsel refuses to return or destroy the inadvertently produced material,
4. If opposing counsel refuses to return or destroy the inadvertently produced material, C&H will promptly file a motion with the Court seeking appropriate relief under Fed. R. Evid. 502(b) and the Protective Order.
V. COORDINATION WITH CO-COUNSEL AND VENDORS Medium
⚑ Confidentiality undertaking
V. COORDINATION WITH CO-COUNSEL AND VENDORS A. Whitmore & Callahan LLP (Local Counsel) Whitmore & Callahan LLP serves as local counsel for OWS in this matter. Jim Callahan is the Local Counsel Partner and primary point of contact. Whitmore & Callahan's office is located at 110 North College Avenue, Suite 800, Tyler, Texas 75702. Jim Callahan will receive copies of all Court filings, all significant correspondence wit
VI. DOCUMENT RETENTION SCHEDULE Medium
⚑ Liability cap to check against exposure
VI. DOCUMENT RETENTION SCHEDULE A. During Active Litigation During the pendency of this litigation, including any post-trial proceedings and any appeals, no documents of any kind relating to this matter may be destroyed, deleted, discarded, or otherwise disposed of by any C&H personnel. This prohibition is absolute and applies without exception. This preservation obligation encompasses all formats and media in which
VII. SECURITY AND ACCESS CONTROLS Medium
⚑ Liability cap to check against exposure
VII. SECURITY AND ACCESS CONTROLS A. Electronic Access Access to the DMS matter file for this engagement (Matter No. 1014-00004) is restricted to authorized personnel listed on the current case team staffing roster, a copy of which is attached as Exhibit B and maintained by the C&H Records Management Department. Only individuals appearing on the current staffing roster may access any documents within the DMS matter f
VIII. BILLING AND TIME RECORDS Medium
⚑ Liability cap to check against exposure
VIII. BILLING AND TIME RECORDS A. Contemporaneous Time Entry All case team members must record time entries contemporaneously — that is, on the same day that the work is performed — with sufficient narrative detail to support billing and any future fee petition that may be filed in connection with this matter. Vague or conclusory time entries (e.g., "legal research" or "case review") are not acceptable. Each time ent
IX. COMPLIANCE AND ENFORCEMENT
IX. COMPLIANCE AND ENFORCEMENT All case team members — including all attorneys, paralegals, legal assistants, summer associates, contract attorneys, litigation-support specialists, e-discovery personnel, and other staff assigned to this matter — must acknowledge receipt and understanding of this protocol by signing the Acknowledgment Form attached hereto as Exhibit A. Executed Acknowledgment Forms must be returned to