Technology: Preventing Employee Emails from Becoming “Smoking Guns”

“In many respects, email has taken the place of in-person meetings and phone calls as the primary means of conveying information. As a result, there are now digital records or transcripts of communications that, prior to the onset of the digital age, would have been memorialized only in handwritten notes or only in the participants’ memories. Given the focus on emails (and e-discovery generally) in litigation today, it is important to implement appropriate policies and procedures to educate employees to avoid providing competitors with ammunition.”