In the face of the COVID-19 pandemic, many American workplaces have gone hybrid or fully remote. Apps such as Zoom, Slack, and Microsoft Teams have become part of the standard business toolkit, and employees have relied on their home technology like never before. All of those programs and devices generate and store data, but what types of data? How is it generated and stored? If litigation ensues, will it be discoverable? How can it be collected and produced? This panel will discuss these questions and more, including:
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The impact of remote work technology on discovery and parties’ preservation obligations
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A renewed look at proportionality and the cost-benefit tradeoff of technology-assisted review
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The continuing development and proliferation of discovery plans in litigation
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Recent Delaware case law developments, including control of stockholder data, the confidentiality of privileged emails sent through work accounts, and when self-collection may be appropriate