Email and Litigation
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Whenever a lawsuit is in the offing — from patent litigation to prosecuting a sexual harassment suit — email is the best source of a “smoking gun,” or evidence that almost ensures a victory or lucrative settlement for one side. After all, email is very informal: email is worded much differently than a printed letter, and things are often said in email that might never be said in a face-to-face conversation. Moreover, most employees think of email as ephemeral, like so much water-cooler conversation.
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