(L-R)WIlliam Childress and Tara Lawler of Morgan Lewis & Bockius. Courtesy photos Departing Employee Preservation Program: Understanding Potential Pitfalls
Data that is potentially responsive and must be preserved and eventually collected and produced in an active litigation is typically tied to individual employees who are custodians of the data. If an employee leaves the company tomorrow, what will happen to the data controlled by the employee?
March 05, 2023 at 10:22 AM
14 minute read
Companies are dealing with more uncertainty around the management of company data than ever before. The recent move to remote workforces, the proliferation of technology being used by employees to store company data and now the potential—or reality—of large numbers of employees exiting companies are creating a risk of data loss. In particular, departing employees, whether they leave a company voluntarily or involuntarily, present additional risk to an organization when those employees are subject to ongoing preservation obligations for active litigations or investigations.
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