From the President

Hello,

This month’s issue of the Discovery Update includes insightful articles written by legal professionals to help you during this time. We will continue to provide information relevant to your work as it becomes available.

If there are any court reporting, videography, or interpreting services you need scheduled, our team is ready to help.

Best wishes,

Sheila Atkinson-Baker

Employee Use of Personal Technology at Work - What's Discoverable?

By Kelly Twigger

With the advent of smartphones and personal tablets, people can do anything from check social media posts, listen to podcasts, and even deposit checks straight from their phones.

Though most people have these items on their person almost all of the time, it doesn’t always mean that they are using them when they aren’t supposed to. For example, when you go to work, you probably check to see if you have a new Facebook post or text message before sitting down at your desk, and play or text on your phone during breaks and lunches. This is normal. Having a smartphone and checking posts and tweets on break does not mean that you are not doing your job. Yet some employers are trying to say that whenever you are doing any of the above mentioned convenient or fun things you are not working.

In Palma v. Metro PCS Wireless, Plaintiffs, former employees, brought suit under the Fair Labor Standards Act against Defendant, their former employer for unpaid overtime wages. Palma v. Metro PCS Wireless, Inc., 2014 WL 1877578 (M.D. Fla. 2014). Defendant’s motion to compel was the subject of this case. The motion to compel sought all of Plaintiffs’ social media posts from 2010 to the present that relate to:

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Business Resiliency Planning for Law Firms

By Nicole Black

It’s hard to believe that the pandemic has been with us for nearly six months  – and will likely be around for months, or even years, to come. As a result of COVID-19 and its effects, some firms are busier than ever, while others are finding that business has slowed down.

No matter where your firm lies on that spectrum, it makes sense to plan for the future disruption, whether due to the pandemic or otherwise. Because, if nothing else, this pandemic has shown us that it never hurts to prepare for the unexpected. Part of preparing for uncertainty includes building business resiliency into your law firm.

What is business resiliency?

Business resilience ensures that your law firm is able to quickly pivot and adapt to unexpected disruptions, thus allowing it to continue to operate and represent your clients’ interests even in the face of uncertainty. A major part of resiliency planning includes assessing risks to your firm’s business in the event that different types of disruptions occur. Typical business disruptions faced include pandemics, natural disasters, power and utility outages, and cyberattacks.

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