Mitigating the Risk of Written Communications

This article addresses the increasing problem of electronic  communications produced in discovery that force companies either to settle early or risk large jury awards and the company's public perception.  The problem arises, in part, because authors of electronic communications -- including email and social media --  write without considered thought, share knee-jerk, emotional responses, and seldom retract mistaken positions.  Along with defining the problem, this article provides practical tips for developing a communication training program that can be used for employees and third-party contractors alike.