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Document retention, and the host of related e-discovery issues, have been front and center for product liability attorneys for a number of years. Nevertheless, even with the best document retention program and the most sophisticated e-discovery system, companies and their attorneys are still going to have to deal with the documents themselves. As many trial lawyers have learned, it can take only one bad document to bring down the house. With respect to the increased use of e-mails as evidence in litigation, companies need to educate their employees on what constitutes appropriate online communication. We recommend that companies focus on training their employees to “think twice and click once.”

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