The increasing use of Digital Media opens us up to considerations related to "preserving, review and producing electronically stored information" (ESI). At a recent conference with Hodgson Russ , LLP,Attorney's, this important information was reviewed.
|
 | What do you need to think about? |
|
There are new obligations for bussinesses related to "e-discovery" methods.
Costs, changes to federal rules and sanctions all come with inappropriate disclosures of such information.
There is a considerable amount of time that is spent by internal staff as well as outside counsel. Insufficient digital media information can result in sanctions, fines and even cost shifting, where your organization may have to pay related expenses, for insufficient information. Lastly, you may lose the case or it may be dismissed without proper documentation. |
| | The issues AND what constitutes ESI? |
|
As previous articles I have written indicate, your policies on use of electronic devices, social media etc are very important. Being clear on proper use by your employees can make all the difference when litigation is involved.
When I mention employee improper use of Trade Secret information, it is important that your policy clearly communicates the expectations related. It will be important that you can find evidence of breaches of this policy.
I also talk alot about how use of digital media could also result in charges of harassment, bullying, discrimination. Again, policies clearly outlining the proper use of digital media will help you if challenged.
However, employers can use ESI information to discipline employees for violation of proper use and should!
Check with your legal counsel on any issues OR questions that you may have to consider related to Digital Media!
ESI INFORMATION CAN BE:
- Home PC
- Blackberry and PDA
- Desktop PC
- Laptop
- Instant messaging
- Voice mail messages
- File cabinets
- Email server
- Personal network information
- Network logs
- Zip drives
- Cd
- Fax Server
- USB drives
- Back up tapes
(information from seminar; Hodgson Russ)
|
