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Litigation & Trials

Opening Statement: Litigation Revisioned

It is with great pride that I introduce you to the redesigned Litigation. After 38 years, the publication that many people most closely associate with their membership in the Section of Litigation has been updated. Along with the great authors, timely topics, practical insights from the courtroom, and provocative interviews, readers will find several new columns, innovations such as a judge’s response to one of our features, and a refreshed design. Additionally, in the near future, our members will be able to digitally access and search past issues of journal content. Best of all, you will soon be able to access new issues of Litigation on tablet computers such as an iPad through the Litigation Journal Application.

Headnotes

Litigation & Trials

Ethics: The Perils of New Technology

You are defending a company accused of employment discrimination. The company has uncovered some very helpful new documents. It turns out that when the company fired the plaintiff, it confiscated her company-issued laptop and sent it to a computer forensic expert to recover the files. The expert recovered a lot, including emails that the plaintiff sent through her personal, web-based email account—the password protection was no obstacle. Those emails between the plaintiff and her lawyer would be useful in the course of discovery. Now that the emails are in your hands, what is your reaction? “Gentlemen don’t read each other’s emails” or “I’m gonna milk ’em for all they’re worth”?