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Text Messages Evidence e-Discovery Professionals

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

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] 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

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

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

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

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

EDRM - Electronic Discovery Reference Model

Ninth Circuit – – Don’t Destroy Relevant Texts

Dismissal of plaintiff’s claims under Fed.R.Civ.P. 37(e)(2) was affirmed in Jones v. Riot Hosp. Grp. LLC, __ F. 4th__, 2024 WL 927669 (9th Cir. Mar. 5, 2024). The case is a textbook example of a plaintiff tanking her own case...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

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

EDRM - Electronic Discovery Reference Model

Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial

In Pointer v. State, 2024 WL 70556(Apl. Ct. Md. Jan. 5, 2024)(unreported).   the Appellate Court of Maryland held that disclosure of text messages the day before a criminal trial did not prejudice the defendant.  One...more

EDRM - Electronic Discovery Reference Model

Text Messages Used to Support Conviction: Prejudice Did Not Outweigh Probative Value

In Francois v. State, 2023 WL 8265659, at *1 (Apl. Ct. Md. Nov. 30, 2023), the defendant was charged with various offenses that included possession of a firearm and ammunition after a disqualifying conviction.  On appeal, the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Uncovering Hidden Data: How to Collect the Mobile Data your Investigation is Missing - August 10th, 1:00 pm - 2:00 pm ET

The amount of data stored on phones is overwhelming. In 95% of investigations, text messages and conversations are used as evidence sources. Investigators need to be able to be able to retrieve the full, comprehensive...more

J.S. Held

Protect What You Produce: Practical eDiscovery Lessons Learned from the Alex Jones Case

J.S. Held on

Making crucial errors in eDiscovery can prove detrimental to both lawyers and their clients. Nowhere is this more apparent than in the case of the Sandy Hook parents who won a $49.3 million judgment, including $45.2 million...more

EDRM - Electronic Discovery Reference Model

Alex Jones, Alex Jones, Alex Jones, We Got a Thing Goin’ On

Defaults, Discovery Abuse and Dropbox: Inadvertent Production and Impeachment - When the Sandy Hooks plaintiffs’ attorney impeached Alex Jones on the stand with an inadvertently produced text during the damages trial, there...more

EDRM - Electronic Discovery Reference Model

[Webinar] Mobile Elite: Powerful and Accessible Mobile Extractions at Your Fingertips - July 19th, 1:00 pm - 2:15 pm ET

Uncovering the most amount of device data in a digital investigation is key to finding implicating evidence. In 95% of investigations, text messages and conversations are used as evidence sources. Corporate...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

Reveal

2021 eDiscovery Case Law Wrap-Up

Reveal on

To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more

Reveal

Putting Context into Discovery of Messages

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The session at ILTACON 2021 last week that I moderated was titled Better Together? E-discovery with Teams and Other Collaboration Platforms and we discussed discovery considerations associated with collaboration apps like...more

Association of Certified E-Discovery...

7 More Takeaways from Legalweek(year) 2021

Legalweek was originally supposed to take place on location in New York this year, as it always does. However, for 2021 it has been transformed into a series of five interactive virtual events to be held throughout the...more

Hanzo

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

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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

Hanzo

Are Your Emojis Saying What You Think They Are? A Cautionary Tale From Harrison V. City Of Tampa

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How are you preserving emojis for ediscovery? Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more

Hanzo

There’s No One “Right” Version of an Emoji: A Conversation With Eric Goldman

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Eric Goldman, an Internet law professor, gives us an overview of emoji law, including the pros—more precise and nuanced communication—and the cons—more ambiguity and room for misinterpretation. Eric Goldman is a Professor at...more

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