"The duty to preserve arises when you have a reasonable likelihood of litigation. A lot of people think it only arises when I'm sued. Not true. The onus is on the people who own the data to preserve it when they think there's a reasonable likelihood they might get sued."
This week Dr. Logan F. Martin and James Junkin welcome Tom O'Connor, Director of the Gulf Coast Legal Technology Center, to discuss what safety professionals need to know about electronically stored information, data preservation, and attorney client privilege after a workplace incident. Deleted data eight times out of ten is not really deleted. Your duty to preserve arises before anyone sues you. And CC'ing an attorney on an email does not make it privileged.
ABOUT OUR GUEST
Tom O'Connor is Director of the Gulf Coast Legal Technology Center and co-founder of the Legal Technology Education Conference. A legal technology consultant with over four decades of experience in litigation support and e-discovery,
Tom is the author of "E-Discovery for the Rest of Us" and "AI for the Rest of Us."
RESOURCESTom O'Connor, Gulf Coast Legal Technology Center: https://gulfltc.org
E-Discovery Checklist Manifesto (free PDF): https://aceds.org/e-discovery-checklist-manifesto/
ABOUT THE RISK MATRIX PODCAST
Buckle up, safety pros! The Risk Matrix brings you a weekly podcast masterclass in risk management, hosted by two industry titans:
Dr. L.F. Martin: 32-year veteran, Board of Global EHS Credentialing Impact Award winner
James Junkin: Trainer of 40,000+ safety pros, ASSP's 2024 Safety Professional of the Year
They're tackling the topics that keep safety managers up at night featuring guests from regulatory bodies to safety directors and everything in between.
Every Tuesday: The tough conversations safety managers need to have. Critical insights from safety experts. Real-world strategies. Actionable solutions.
The Risk Matrix Podcast is powered by Veriforce: Bringing workers home safe from high-hazard jobs.
