Denny and Bartlett Discuss Navigating Spoliation and Data Retention Issues in the Remote Workplace

February 2022
William R. Denny and Carson R. Bartlett
DSBA Bar Journal

Since the advent of the COVID-19 pandemic, companies are increasingly opting for the use of digital messaging platforms in the workplace, including instant messaging, applications such as Slack and WebEx, and even ephemeral messaging applications such as Signal and Telegram. The accelerated transition to these new and varied forms of communication presents a significant challenge in the context of eDiscovery and data retention. 

Further, as more and more employees are packing up their offices in the "Great Resignation," employers must be prepared quickly and effectively to preserve terminated employee' data when it may be relevant to litigation. This article addresses some of these remote workplace challenges and recommends best practices for approaching these issues.

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