Several months after the COVID-19 crisis ends, a company is being sued in federal court. While the company was on full-time telework during the crisis, its employees communicated with each other, customers, and suppliers not only through company-issued email and cell phones but via social media, using a patchwork collection of text and video messaging applications (“apps”), on both company-issued and personal devices. The company’s legal team needs to devise a litigation hold that will take into account the particular challenges of the ways in which the company’s employees communicated, and continue to communicate, via these devices and social media platforms.
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