Document Retention, Litigation Holds, and E-Discovery Best Practices with Emerging Communication Technologies

During the COVID-19 pandemic, many organizations adopted collaboration tools such as Zoom, Microsoft Teams, Slack, and Google Drive, among others. These tools made hybrid and remote work possible and are a central feature of intra-office communication. Employees are generating more written content than ever before, but organizations may overlook the litigation risk or the practical implications of retaining such content. In this session, we will brainstorm about best practices for counseling our clients on the retention/preservation of content generated through collaboration tools. We also will discuss ediscovery collection practices and we will consider the advantages and drawbacks of do-it-yourself collection versus working with a vendor. We will close with a discussion about proportionality principles and some potential evidentiary concerns.

Litigation Tech