Litigation And Dispute Resolution

If your company has ever had to release employees, you have most likely been faced with the question of whether or not to use statistical measurements, or adverse impact analyses, to determine whether employees of protected groups have been disproportionately selected for termination. This article looks at how common termination-related claims actually are, and identifies the most effective ways to use an adverse impact analysis as a tool to reduce litigation risks associated with reductions in force.

Spoliation of evidence due to data dumping carries great risks and penalties; still, refusing to dispose of data altogether does not make good business sense. Companies that have failed to dispose of unnecessary data accumulated over the last decade drive up ediscovery costs and make litigation preparedness more cumbersome. The solution is not an all-or-nothing approach — learn how to implement a defensible disposal practice.

Although the Asia-Pacific region has yet to implement a standardized process for conducting ediscovery, most Asian countries have blocking statutes or privacy laws that restrict the transfer of personal data — generally defined as any data that can identify an individual — outside their borders.