GC Mid-Atlantic

Making E-Discovery Work for You in Employment Claims

, The Legal Intelligencer

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I know what you're thinking: Not another article about e-discovery requirements. Much ink has been spilled about the potential penalties when organizations and their counsel fail to take affirmative steps to preserve electronic evidence. Indeed, the focus on penalties is justified, since sanctions for spoliation of electronic records can include adverse inference jury instructions; monetary sanctions; suppression of evidence; contempt; and the striking of claims or defenses.

What's being said

  • This is an excellent overview of how e-discovery can support a case. Yes, it can absolutely be the "smoking gun" and turn a case in your favor. But in my practice, the biggest challenge has always been getting attorneys to even ask the questions about the existence of electronic evidence then making an argument to examine it. I‘ve been presenting free CLEs for years and they‘ve been very effective. But ultimately it comes back to law schools making e-discovery an important part of their curriculum.

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