Partner Gordon Berger from FordHarrison's Atlanta office was quoted in the Law360 article, "3 Tricky Discovery Issues In Employment Cases."
"Parties often seem confused about what data they're even supposed to retain. Some companies have backup systems that periodically rewrite over old data, according to Gordon M. Berger of Ford & Harrison LLP.
'I think most people I deal with don't understand the status quo obligation of having to preserve certain information,' he said.
The other problem is retrieving data that's not easily accessible on remote devices. In a trade secrets case, there could be the expensive challenge of data on a company computer or an employee's personal computer, Berger said. A forensic analysis could set a company back $10,000 to $15,000.
Along the way, there is also the challenge of ensuring that an employer doesn't overstep its bounds and grab private information that could be commingled with data from an employee's work projects, he said."
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