Navigating E-Discovery In Employment Litigation: Part 1

Law360 (December 20, 2018, 11:39 AM EST) -- This article from Lexis Practice Advisor provides guidance for employers on how to plan for, conduct and respond to electronic discovery in employment litigation. Given the prevalence of electronic data and the myriad ways in which it is stored, combined with the shifting landscape of federal discovery rules, it is critical that attorneys and employers educate themselves on the rules and practical implications regarding electronically stored information, or ESI, and e-discovery.

Employment litigation presents unique discovery challenges because, among other reasons, the employer controls and/or possesses nearly all relevant evidence. Indeed, emails contained in the employer company’s email system may be...

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