Text Messages, Evidence, Duty to Preserve

Ninth Circuit – – Don’t Destroy Relevant Texts

EDRM - Electronic Discovery Reference Model on 3/6/2024

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

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

EDRM - Electronic Discovery Reference Model on 3/4/2024

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

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update

Cozen O'Connor on 6/1/2023

A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more

Discovery of Text Messages, IMs, DMs

BCLP on 11/7/2022

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

The Difference Between Routine Document Destruction And Spoliation

Husch Blackwell LLP on 4/27/2021

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

Cases Involving Emoticons As Evidence Are On The Rise

Farrell Fritz, P.C. on 3/1/2019

Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court...more

Texts and Message Apps Are Changing Internal Investigations

Farella Braun + Martel LLP on 8/11/2017

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

Farella Braun + Martel LLP on 7/12/2017

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

Text Messages › Evidence › Duty to Preserve

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