Category Archives: E-Discovery

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Five Quick Tips on Handling eDiscovery in Employment Litigation

Written by: Adam C. Losey and Scott Callen Employment litigation can be expensive and time-consuming, especially due to the increased importance of and focus on ediscovery (the grab-bag of legal and logistical issues associated with the management, identification, preservation, collection, search, review, and production of electronically stored information). Below are five quick tips for efficiently … Continue reading this entry

Determining E-Mail Privilege From an Employer's Computer

The privilege implications of employees e-mailing their attorneys from an employer’s computer have been addressed by a number of courts. (See also Foley’s Employment Law Update for the Week of July 13, 2010). In one of the first reported decisions on this issue, a bankruptcy court addressed the application of the attorney-client privilege to an … Continue reading this entry

E-Mail Will Be the Death of You

Increasingly, the discovery of electronic documents and communications is rapidly driving up the costs of employment litigation. Furthermore, the continued misperception that e-mail is somehow personal and private can create many and varied liabilities for companies as well as have a dramatic impact on the outcome of litigation. On October 21, 2010, Mark Neuberger and … Continue reading this entry

Document Preservation Demand -- Now What?

You walk into your office, check your inbox, and notice an e-mail referring in the subject line to “Jane Doe,” an employee who was terminated six months ago. The attached letter is from Attorney Jones who represents Jane Doe and is investigating discrimination and retaliation claims. The lawyer demands that all potential evidence relating to … Continue reading this entry