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Five Quick Tips on Handling E-Discovery in Employment Litigation

Lexology (04/30/12) Adam C. Losey; Scott Callen

A greater focus on electronic discovery has made employment litigation more costly and time-consuming, but there are several things employers can do to handle e-discovery efficiently and effectively. They should implement a legal review process to determine whether e-mail and other electronic information should be preserved and then keep these documents safe, and they should implement a document-retention policy detailing the management, storage, and deletion of data. Employers should understand that electronic information includes not only e-mail but also timekeeping systems, payroll systems, and data stored in the cloud. Finally, they should consult an e-discovery professional to ensure they are not spending too much on discovery requests, and they should consider using review technology to identify relevant documents in litigation.