Nowhere to Hide

The courts and regulators have demonstrated—repeatedly—an expectation that litigators can and will apply technology solutions to the workplace problems that are created by technology. During discovery, you cannot hide behind technology, claiming your systems are too old or inadequate to allow for an effective document response. Nor can you claim that it will take too long or cost too much to produce instant messages, e-mail, and other electronic documents. ^[11]

It’s essential that your organization prepare for the eventuality of electronic discovery. Start by putting into place a strategic IM and e-mail management program that is grounded in clear rules, written policies, and strict procedures. ^[12]

^[11]Ibid.

^[12]Nancy Flynn and Randolph Kahn, Esq., E-Mail Rules, New York, AMACOM, 2003.