SAN ANTONIO – What you don't know can hurt you, and whatyou do know but aren't telling can maybe hurt even more, accordingto an attorney and legal technologist who specialists ine-discovery.

Gregory Johnson is with the Spokane, Wash., practice of PaineHamblen LLP and spoke Tuesday at the CUNA Operations & ServiceCouncil/CUNA Technology Council combined conference at the Marriott Rivercenter in SanAntonio.

Johnson told a breakout session that the discovery process in alawsuit against a credit union now can include everything fromemails, texts and social media postings to electronically storeddocuments – including versions with comments and revisions – andWeb browsing histories.

And just as the technology itself, case law, in fact, isbuilding rapidly in the area, he said, and so are the cases. “Wherewe might see one or two recovery cases each quarter in the caselaw, now we see four or five a week,” he said.

Johnson's talk included a number of practical tips, such as areminder that copy machines have hard drive memories and theyshould be erased before leased machines are turned in, and heespecially drove home the point that not being transparent withattorneys for both sides about what's available can be costly.

“Federal courts require you to let the other side know whatinformation exists, and without waiting for a request,” he said.“So when someone like me comes to you, to represent your side, andI start asking you for all these things, and it turns out it wasthere and you didn't tell, there can be sanctions. They've beenknown to reach a couple million dollars.”

He said he tells his clients to “preserve, preserve, preserve,and tell me about it. We can always fight later about what we'regoing to give to the other side. But they have the right to know itexists.”

The best defense is a good defense, he added. Credit unionsshould have very clear policies about employee use of companycomputers, and they need to be as concerned about inside jobs asoutside hackers.

“Companies spend a large amount of money monitoring what's goingon on the outside, but not so much on the inside. There are ways toidentify, trap and block information going out that you should beusing,” he said.

Another good way to protect potentially sensitive information,he said, is not put it in writing at all when possible.

“Walk down the hall. Don't e-mail if you don't have to,” hesaid. “Same with voice mail.”