News & Analysis as of

Mobile Devices Discovery Text Messages

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

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

Association of Certified E-Discovery...

[Webinar] Leaping Forward: Evolving ESI Protocols Series - Part 2: Modern Pitfalls to Consider: Panel Discussion - April 18th,...

Modern Musings and Present-Day Pitfalls for Protocols – Things We Didn’t Have to Consider 5 Years Ago - In some ways, the current day challenges with ESI Protocols are the same as they’ve been for years – counsel is...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

StoneTurn

eDiscovery and Forensic Investigations: Six Tips for Managing Company Messaging Protocols

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The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...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

Baker Donelson

Sitting with the C-Suite: Best Practices in Mobile Device Data Preservation

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Trent Livingston has been the CEO of ESI Analyst since 2018. Trent started his career as a software test engineer and developer at Microsoft before entering the eDiscovery marketplace in the early 2000s. He has since provided...more

Kilpatrick

Video | Tips for Managing the Preservation of Mobile Device Data

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Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal...more

Kilpatrick

3 Tips for Managing the Preservation of Mobile Device Data

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Over the last 18 months, our team has written numerous articles warning attorneys of various pitfalls when it comes to preserving data. We have encouraged our colleagues in the bar to take specific steps to avoid spoliation...more

Epiq

BYOD Challenges

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If you are like most, you probably have 4-5 different chat applications on your phone to talk to friends and family members.  Dad only likes to text via SMS, brother Peter only uses Facebook Messenger, Aunty Bridgette can...more

Skadden, Arps, Slate, Meagher & Flom LLP

How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more

Association of Certified E-Discovery...

Keeping Personal Data Private in Mobile Device Discovery

“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group....more

Epiq

Mobile Device Discovery

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The importance of mobile device data in legal discovery, investigations, and other proceedings is ubiquitous and virtually indisputable. Mobile devices such as cellphones, smartphones, e-readers, and tablets pose a...more

Kilpatrick

Text Messages: Preservation Lessons for Mobile E-Discovery

Kilpatrick on

There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more

Proskauer - Minding Your Business

Not an LOL Matter: Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages

We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more

Butler Snow LLP

SMS: Spoliation Made Simple?

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Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy...more

Butler Snow LLP

The 21st Century Water Cooler: Discovery and Text Messages

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Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

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