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Email Text Messages Evidence

Array

This Week in eDiscovery: A Realization About Redactions | Subpoenas in Oakley v. MSG

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 12-18. Here’s what’s...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

Constangy, Brooks, Smith & Prophete, LLP

Stupid plaintiff tricks: Faking emails to win

People, it doesn't work. There was a court decision last week from my home state of North Carolina that left me shaking my head. A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more

BCLP

Discovery of Text Messages, IMs, DMs

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Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

EDRM - Electronic Discovery Reference Model

[Webinar] Best Practices for Gathering and Analyzing Key Messaging Data - April 12th, 1:00 pm ET

After collecting, analyzing the volume of data found on devices can be overwhelming. Attorneys and eDiscovery practitioners need the ability to gather insights across a variety of data sources, especially third-party...more

Husch Blackwell LLP

The Difference Between Routine Document Destruction And Spoliation

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In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation...more

Hanzo

Think You Don’t Need to Preserve Slack Data for Discovery? Think Again

Hanzo on

Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more

ArentFox Schiff

FTC Antitrust Decision Provides A Reminder: Emails and Texts Can and Will Be Used Against You

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The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more

Davis Wright Tremaine LLP

Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

When computer science professor Scott Fahlman posted a sideways smiley face on an electronic message board at Carnegie Mellon University in 1982, he could not possibly have known that combination of dots and dashes would give...more

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