Texas Lawyer published an article by Gordon & Rees partner Jeffrey R. Lilly of Austin in its April 15 issue, which included a Special Report on Litigation & E-Discovery.
In the article, titled “Boost Profits With Training on Email Professionalism,” Lilly discusses how companies can curtail litigation and improve profitability by instituting an effective e-discovery program that prioritizes the proper handling of electronic communications.
Companies can protect themselves from liability when it comes to employees' inappropriate electronic communications, writes Lilly, co-chair of the firm’s e-discovery practice. For example, employers “can teach employees how to draft factual e-mails without baseless editorializing or unnecessary personal messages.” Employers also can undertake periodic spot-checks to ensure employees avoid using email to gossip or vent. Rewards for appropriate email use will encourage the right behavior, Lilly writes.
“Ultimately, these improvements will make handling such documents (including predictive coding and technology assisted review) much easier and less costly, should litigation arise.”
Lilly is a litigator who has written extensively on e-discovery issues. He focuses his practice on product liability law with an emphasis on pharmaceutical and medical device mass torts. Lilly represents clients in state and federal court, including national multidistrict litigations. He also handles general liability and commercial matters. He previously was an assistant AG at the Texas Office of the Attorney General where he handled numerous medical malpractice cases.