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Text Messages Discovery

EDRM - Electronic Discovery Reference Model

From Texts to Trials: The Impact of Mobile Data on eDiscovery Today

Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more

Kilpatrick

It’s all in the Details: Text Messages and The Importance of Detailed ESI Agreements

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Document collection and production now involves more than just sending opposing counsel emails. As business communication has evolved, so has the need for producing from various and evolving streams of communication. Text...more

Rodemer Kane Attorneys at Law

Can Text Messages Be Used as Evidence in Personal Injury Cases?

In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

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One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

Minerva26

The Cost of Ignoring Mobile Device Discovery

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For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more

Redgrave LLP

Blurred Lines: Navigating Text Message Discoverability in the Era of Intermingled Data

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As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly.  This evolution has introduced a host of legal...more

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

Minerva26

Can Parties Redact Text Messages for Relevance in Discovery?

Minerva26 on

In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more

EDRM - Electronic Discovery Reference Model

Fabricated Text Messages – – Some Lessons Are Never Learned

In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for January 2025 - January 22nd, 1:00 pm - 2:00 pm ET

New year, new case law! In our January 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to whether emojis constitute contract agreement, privilege status of text messages,...more

Cimplifi

Going Mobile: Data Discoverable on Mobile Devices

Cimplifi on

If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only...more

EDRM - Electronic Discovery Reference Model

[Webinar] eDiscovery Trends & Predictions: 2024 in Review and What to Expect in 2025 - November 14th, 1:00 pm - 2:00 pm ET

Staying ahead of the curve in legal tech and ediscovery requires knowing where the industry has been – and where it’s heading. In 2024, the pace of innovation brought new challenges and opportunities to ediscovery, from the...more

Association of Certified E-Discovery...

How the Default Settings for the Deletion of Text Messages Can Impact Sanctions

In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more

EDRM - Electronic Discovery Reference Model

[Webinar] Scary Important eDiscovery Case Law Decisions for October - October 31st, 1:00 pm - 2:00 pm ET

Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...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

August’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published August 21, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

CloudNine

Efficient Text and Chat Data Discovery Starts with Information Governance (IG)

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When it comes to ensuring that data is preserved and available for litigation, investigations, or government inquiries, it all starts with establishing and codifying clear data governance policies and procedures....more

Association of Certified E-Discovery...

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

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Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

Miller Canfield

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

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The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more

Association of Certified E-Discovery...

The Duty to Preserve Text Messages Strikes Again

If you’ve been following my Case of the Week series, you know we’ve seen a rising trend of courts issuing harsh sanctions, including dismissal, for failure to preserve text messages and other data from mobile devices. This...more

EDRM - Electronic Discovery Reference Model

March’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more

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