Klemchuk Kubasta Partner Kirby Drake Discusses ‘Ethics in Discovery’

DALLAS – June 5, 2012 – Kirby Drake, partner at Klemchuk Kubasta LLP (KK LLP), a leading full-service intellectual property (IP) law firm, presented “Ethics in Discovery” at the American Intellectual Property Law Association (AIPLA) 2012 Spring Meeting held in Austin, Texas on May 10-12, 2012. Her presentation was part of a joint session sponsored by Patent Law/Professionalism and Ethics committees on Avoiding Ethical Issues in Patent Prosecution and Patent Litigation. The other speakers in the session included Director William R. Covey of the U.S. Patent & Trademark Office as well as Mark E. Michels, former Discovery Counsel at Cisco Systems. Drake’s presentation focused on several recent IP cases dealing with ethical issues in discovery: Rambus/Micron and Rambus/Hynix, Qualcomm v. Broadcom and Rimkus v. Cammarata. Through those examples, she, along with the other presenters, were able to dissect and discuss the ethical lessons that can be learned from these cases. For example, she emphasized that to prosecute or defend a case effectively, one must know the whole truth about a client’s documents in order to make accurate representations to the other side as well as to the judge and to the jury. While this may sound like a basic tenet of law, Drake explained that it is something that continues to present problems for litigants, often leading to sanctions.

“The truth matters,” she said. “We have to critically analyze issues concerning a client’s document collection and production, and we cannot blindly trust what a client may describe as standard procedures for approaching discovery issues. It is our job to identify and collect responsive information and produce it.”

To engage in the discovery process in an effective and ethical manner, Drake said it is integral for counsel to have sufficient control over the discovery process, gain access to locations where responsive data may be maintained, and take steps to confirm compliance by key custodians, such as through interviews, written questionnaires, etc.

“Kirby brings a robust knowledge of IP law and electronic discovery to our practice,” said Kelly Kubasta, the firm’s co-founder and senior partner. “The focus of her presentation shows the steps Kirby is willing to take to make sure everyone in our industry knows how to best serve their clients, and comply with court practices and procedures. This speaks volumes not just about her character, but also her work ethic.”

Drake’s practice focuses primarily on intellectual property litigation and patent prosecution. Registered to practice before the United States Patent and Trademark Office, Drake has a broad background in patent preparation and prosecution, with emphasis on pharmaceutical, chemical, electronics and computer-related issues. In addition, she has developed an expertise in electronic discovery, having written and spoken on the subject.

She obtained her Juris Doctor degree from Wake Forest University School of Law, and graduated cum laude from Duke University with a Bachelor of Science in Chemistry. Active in the American Chemical Society on the local and national levels, Drake has served in various leadership roles, and routinely speaks on various subjects of interest to the chemical community. She is also active in the local and state bar and regularly volunteers within the community for a number of school and youth-related activities.

Additional information about the firm and its attorneys may be found at www.klemchuk.com.

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, transactional, and international law).


NewsChelsea Green