In a contemporary communications landscape that is primarily digital, sound email management is more essential than ever. Ensuring we are sending emails to the correct recipients is a fundamental aspect of this, as the notorious “Reply” and “Reply All” buttons can often be dangerously close to each other. A misjudged reply can expose uncomfortable content to the wrong individuals, leading to projecting an unprofessional image and can sometimes lead to more severe implications.
One such incident occurred recently when a special master involved in opioid litigation, David R. Cohen, failed to exercise the necessary caution. After inadvertently clicking the ‘Reply All’ option, he unintentionally sent out an email containing his private notes to a number of lawyers. This act has led to an uproar, with the lawyers of two pharmacy benefit managersseeking to disqualify Cohen, arguing that this gaffe introduces a reasonable doubt regarding his impartiality.
The email in question, sent by Cohen on the 28th of August, contained his candid observations about the trial. He referred to the pharmacy benefit managers as “PBMs”, while labelling the plaintiffs with the shorthand, “Ps”. Significantly, he suggested the PBMs had intentions to complicate proceedings and cause delays, and that their knowledge regarding the case was extensive.
In a response, Cohen stated that his comments were made in reaction to the pharmacy benefit managers’ assertion that they would have to include third-party figures if the plaintiffs chose to modify their complaint. This, he upheld, would undoubtedly convolute proceedings and cause further delays. He also admitted a weakness of technology by saying – “I think the ‘left arrow’ for reply all and the ‘right arrow’ for forward are too close to each other on Outlook!”
This incident serves as a striking reminder to ensure we have the correct email controls in place, with tools likeReplyGuard for Outlook readily available. Avoiding such blunders can save one from awkward scenarios and, in extreme cases, even lawsuits. As the situation with Cohen continues to unfold, it’s evident that even those in the legal profession must be cautious when navigating through digital communication.
You can read more about the case at –
Opioid special master who mistakenly hit ‘reply all’ asked to step down