A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a Colorado judge was similarly unsympathetic when a firm sued for tortious interference, then claimed its president’s lost iPhone did not contain relevant evidence. For those on the courthouse steps, the question has become: “Do you know where your data went?”
Business records are created using computers, voice mail systems and other data that historically have been stored on company servers. But in today’s fast-paced world, employees are increasingly working off site, using mobile devices like smartphones, tablets and laptops. While this easy access promotes business, it means more pieces of company data are being created and stored across countless devices. This creates challenges in preserving evidence when litigation occurs.
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