e-Communications are e-Discoverable

27 12 2008

Every litigator knows that email is discoverable, and that it can be dangerous because of a tendency to be less formal in email writing.  And litigators are increasingly aware that instant messages are often archived and are likely discoverable, especially where they are used in the ordinary course of business.  There is also an interesting question as to whether document retention policies should require that instant messages be archived and retained, but that is difficult issue for a separate post.

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