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.
Fortunately, e-discovery isn’t just about avoiding sanctions. Good e-discovery practices can also help litigants build stronger cases for trial or settlement. This is particularly true when it comes to traditional employment law claims, such as discrimination, hostile work environment, wrongful termination and retaliation. Because employment claims are so fact-intensive, and the modern workplace is increasingly reliant on technology, the importance of e-discovery in employment litigation cannot be understated. This article focuses on the potential uses of e-discovery in traditional employment claims, and identifies some best practices for managing e-discovery proactively.
