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About the Authors

Eric E. Bensen is a coauthor of Milgrim on Trade Secrets  and Milgrim on Licensing, two leading intellectual property treatises, and advises clients on complex intellectual property matters.  He has taught patent, copyright and intellectual property licensing classes as Visiting Assistant Professor of Law at Hofstra University School of Law and was in practice for more than 12 years, leading attorney teams in successful litigations of highly complex intellectual property matters in federal and state courts throughout the country.  

Rebecca Kelder Myers is an attorney at Paul, Hastings, Janofsky & Walker in New York. She concentrates her practice on intellectual property law and commercial litigation. Her practice includes litigating and counseling clients with respect to a wide range of intellectual property matters and assisting clients in establishing and maintaining rights in intellectual property through litigation, licensing and a variety of other arrangements. She has represented clients in mediations, arbitrations and in state and federal courts throughout the country. In addition to litigation, Ms. Myers has broad transactional experience with a specific focus on structuring and negotiating complex transactions involving intellectual property. She represents a diverse group of clients including financial advisors, investment banks, and insurance, pharmaceutical, industrial and chemical companies.

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Are you looking for more efficient litigation management? Better case results?
Tighter control over your litigation budget?

Introducing a NEW approach to litigation management …

Introducing Bensen & Myers on Litigation Management—a comprehensive, task-based methodology you can implement right now to ensure that all litigation processes are managed properly and efficiently. This new publication with accompanying CD gives you step-by-step procedures and reporting tools to help you evaluate and verify outside counsel’s work product.

No matter how complex the litigation, Bensen & Myers on Litigation Management gives you repeatable, highly scalable processes including:

  • Techniques to ensure critical case information is funneled to the right litigation team members and outside counsel at the right time.
  • Methodologies for streamlining the document collection, document review, privilege review and deposition processes.
  • A process for preparing motions and briefs that ensures the quality of the resulting work.
  • A comprehensive guide to trial preparation.
  • A sophisticated, but easy-to-use, litigation budgeting tool that provides a detailed picture of anticipated litigation costs along with a high-level summary.
  • Over 40 forms and templates containing checklists, worksheets and planning documents ready for immediate use at every stage of litigation.

Take a tour of Bensen & Myers on Litigation Management

Rest assured that your problems are resolved!

View the extensive Table of Contents »

Take Litigation Management to the next level!

Learn how you can adopt the methodology by previewing the section on How to Use this Title »

Over 40 distinct forms and templates appear on the accompanying CD!

The Trial Game Plan, a plan to track the various activities to be taken at trial, is just one example of the authors’ meticulous approach to planning. View the sample here »

More then just a typical Forms book …

The authors have organized the publication into five distinct litigation-phase modules so you can apply the methodology to specific sections of the case. Each chapter of Bensen & Myers on Litigation Management gives you succinct explanations and clear examples of the steps outside counsel should be following during a specific phase of the litigation process.

  • Understand the challenges View the example »

    Every chapter opens with a detailed discussion of the management challenges faced by outside counsel at each litigation stage.

  • Identify the solutions View the example »

    The second section of each chapter identifies the solutions to the challenges spotlighted earlier. Specifically, it identifies the key management principles that outside counsel should adhere to in grappling with the special circumstances of each phase of the litigation.

  • Implement proven techniquesView the Explanation example » View the Technique example »

    At the heart of the publication are the methodologies—the techniques—that should be used to manage each litigation phase. The left-hand page is a concise explanation of its facing page, highlighting why that specific information is important—and how it should be used in the litigation.

  • Save time—and headaches Download IT Representative Interview Form (88Kb) »

    Each of the publication’s more than 40 templates is shown in color—so you can quickly and easily read it and put the template to use. The IT Representative Interview Form from Bensen & Myers on Litigation Management is another good example of a useful, time saving form to guide counsel through the necessary inquiries.


Put Bensen & Myers on Litigation Management to use at your office

Follow the Authors’ Illustrative Problem & Solution on Document Collection.

Bensen & Myers Presents the Challenge

All too often, Outside Counsel approach document collection without a well thought out, comprehensive strategy for ensuring that collection will be efficient and complete. As a result, the collection process is unnecessarily disruptive to the client’s business, especially where repeat visits, which could have been avoided, become necessary. Moreover, the resulting delays in collection and missed documents (i) increase the likelihood of motion practice against the client relating to deficiencies in its discovery responses and (ii) inhibit Outside Counsel’s ability to properly prepare the case.

Bensen & Myers Identifies the Solution

Outside Counsel should carefully prepare for collecting documents by:

  • Distilling raw document requests into simple categories to facilitate identification of responsive documents.
  • Preparing a list of employees to be interviewed that includes contact information, time and location for the interview, and a brief summary of the responsive documents each employee may have.
  • Preparing a list of the names and titles of any individuals known to have played a role in the events leading to the litigation to assist interviewing attorneys.
  • Preparing procedures for efficiently collecting and copying documents.
  • Preparing comprehensive interview forms to facilitate the interview process
  • Preparing any other materials collecting attorneys will need.

Bensen & Myers Provides the Tool to fit the Situation

Bensen & Myers on Litigation Management does much of that preparation work for Outside Counsel by providing templates along with illustrative examples and explanations as to why they are important and how to prepare and use them:

  • Documents To Be Collected: A summary of the document requests using simple descriptions to identify the documents to be collected.
  • Employee Interview List: A list setting out the names and contact information for each employee the document collectors will be meeting with.
  • Names List: A list of the names and titles of any individuals whose names are likely to be mentioned in Employee Interviews or seen on documents, or who otherwise played a role in the events leading to the litigation.
  • Document Collection Procedure: A uniform set of procedures to be followed by the document collectors.
  • Scanning Instructions: Instructions for creating electronic copies of any the materials collected on site.
  • Employee Interview Form: A comprehensive set of questions that can be easily tailored to the needs of any litigation set forth in a form that can readily be used by collecting attorneys.

Bensen & Myers on Litigation Management provides a comprehensive and proven methodology—and guidance for monitoring and evaluating the entire litigation process. Bensen & Myers on Litigation Management is available for purchase from the LexisNexis® Store. Order it today!