An interesting article by Katy Godwin and Craig McCarty at Osborne Clarke looking at the impact Covid-19 is having on businesses in respect of disclosure. This article does not focus on the challenges of disclosure in the current climate, nor how these are being dealt with - see my post on this in Linked In.
This article looks at the current business practices being followed by businesses whilst we are in lock down and the challenges that these will create in a disclosure context. Rightly the article focuses on the two most pressing topics of: how documents are being created, managed and stored; as well as obligations of parties already involved in litigation and specifically around how they communicate and how those communications are recorded.
This is something that every business has to consider and be prepared for - especially where there is litigation happening or contemplated. The current crisis is not stopping litigation and in fact could well increase as time passes by - businesses therefore should not neglect this, even though it is probably not their top priority.
With this in mind, the two most important points to consider are: How are you managing document creation and storage risk day to day? Do you have a document destruction policy? If so, the extent of this should be considered, focusing particularly on whether the policy covers this new way of working and what documents and/or communications may be caught within it... Are you currently involved in litigation proceedings? If so, be mindful of your ongoing disclosure obligations. Consider whether you are making recordings of meetings between employees and external parties or records of conversations more generally. Are you using an instant messaging provider? If so, this may record and generate a log of all conversations...