“There are going to be a lot more smoking guns lying around in the future.”
With many large corporations encouraging and supporting their employees to work from home for an indefinite period of time, it translates to an increase in written – and documented – correspondence amongst employees.
“Attorneys know that it is nigh on impossible to stop employees or anyone for that matter from leaving ‘smoking guns’ in information communications, especially ones they think are private.” To stay current, it will be necessary for attorneys to familiarize themselves with the various methods of discovering ESI (electronically stored information) and be prepared for how to effectuate discovery on ESI when in a pending litigation.
Stephanie Yee, litigation associate at Murphy, Pearson, Bradley & Feeney, discusses this further in her article, “Using ESI-specified discovery in a post-COVID-19 data-driven world,” published in The Daily Journal on June 10, 2020.