"In 2006, the federal court system announced amended rules for federal civil procedures. The amendments established that in workplace-related federal lawsuits, all of a company's electronically stored information (ESI) was subject to discovery, Flynn told TechNewsWorld.
'In other words, if a company gets hit with a workplace lawsuit, all of your e-mail, instant messages, history of Web surfing, blog posts, text messages and any other electronically stored information can be subpoenaed and used as evidence for or against a company in the litigation,' she explained.
'E-mail creates the electronic equivalent of DNA evidence. E-mail is going to either make your case or break your case,' Flynn added."