Mitigating The Risk Of Written Communications

Electronic information, including social media posts as well as email, is easy to convey and lives “virtually forever,” and the trend is for courts to say more and more of it is discoverable. Besides conveying the general message that employees at all levels should think twice about what they put in writing, is there anything companies can do to minimize the risks? Most definitely yes, say Cohen & Gresser attorneys Sandra C. McCallion and Melanie A. Grossman. They list several steps companies can take, ranging from circumscribing distribution lists and immediately following up problematic statements, to naming specific words and types of speculation that should be avoided. Consultants as well as employees need to get the message, training should be ongoing and, in some cases, project-specific.