Someday Your Competitor’s Lawyers May Read Your Emails

Someday one of your competitors may sue your startup. If that happens, you’ll have to figure out how to put up a defense.

Part of the early litigation process is called discovery. During discovery, each side is required to produce certain documents (often including all of your emails) for the other side’s lawyers to examine. This is part of the process and required by law.

Therefore, as you write emails within your startup, you might keep the thought in the back of your mind that someday your competitor’s lawyers will likely read them with intent to undo your defense. There is no keeping those emails from the discovery process, unless they fall in the category of attorney-client privileged. Everything is fair game.

Here is an example of where Oracle tried to use emails against Google in recent litigation.

The same concept applies equally if you decide to sue another party. That party’s lawyers will also get access to your emails and documents with intent to undo your complaint.

Note: This is not legal advice. Consult a lawyer for legal advice.

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