The impact and effect of Dropbox is not likely to diminish anytime soon. Dropbox is becoming increasingly prevalent, particularly because these accounts are easy to secure and can be accessed free of charge. In addition, because tablets and other portable devices that are becoming more widely used are not compatible with USB drives, users have resorted to cloud storage systems like Dropbox. As tablet use increases, so will storage on clouds, and services like Dropbox will continue to gain popularity. As a result, services like Dropbox are going to start to have a considerable impact on litigation.
It is therefore critical that parties ?and their counsel are well informed about the issues surrounding Dropbox and other cloud storage systems. Even if a party believes that Dropbox is not a relevant issue related to its own electronic data, ?parties and their attorneys still must be informed, because Dropbox accounts ?containing an opposing party's data easily could contain the smoking-gun piece of evidence.
David Walton is a member in Cozen O'Connor's labor and employment practice group and co-chair of the firm's e-discovery task force. He concentrates his practice on all aspects of employment litigation. He also assists employers facing challenges posed by information-age technology.
Rachel Fendell Satinsky is an associate in the firm's labor and employment group. She represents employers in a wide range of labor and employment matters. She also works with clients to address e-discovery related issues and writes for the firm's E-Discovery Law Review blog.