If your company gets caught up in a lawsuit, you’ll probably need to work with lawyers — even if the matter doesn’t involve something IT did or failed to do. Here are 10 legal concepts that are likely to come into play.
Let’s face it: We live in a society that loves to sue. Because much evidence is created or stored on computers, lawsuits involving companies invariably require work by its IT staff. I understand that most of you are IT pros, not lawyers. However, if your company becomes involved in a lawsuit, chances are you will have to work with lawyers, even if the matter doesn’t involve something you personally did or failed to do. Below are 10 terms that you might encounter during that process, along with their meanings.
To help put these terms in the proper context, let’s say that as part of a “reduction in force” initiative at your company, Stan, a manager there, laid off John, one of his employees. Convinced that his layoff was unlawful, John now has retained an attorney and has filed a suit against the company.
Note: This information is also available as a PDF download.
#1: Discovery (electronic discovery, e-discovery)
Discovery is the process by which parties to a lawsuit (i.e., the sides in conflict) show each other the evidence they have and identify the witnesses they’re going to call. You know how, when playing poker, everyone lays down their cards after they’re all finished with their bets? The same principle applies with discovery, except it occurs at the beginning rather than at the end. In other words, that stuff you see in the movies or on television about the “surprise witness” is a total myth.
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