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eDiscovery Case Law Reveals Pitfalls in Preservation of Smartphone Data
The increasing importance of smartphone data in court proceedings and e-discovery is a marked trend in the eDiscovery Case Law Year in Review 2023 by the eDiscovery Assistant. In her annual review, CEO Kelly Twigger identifies issues and cases relevant to smartphone...
The Growing Importance of Smartphone Collection in E-Discovery: Don’t Take Our Word for It
Whether employees bring their own devices (BYOD) or employers issue them, smartphones in the workplace enhance employee productivity and are integral to modern business operations. Smartphones facilitate collaboration, allowing employees to work together seamlessly....
Another One Bites the Dust: Destruction of Text Messages Warrants Case Dismissal with Prejudice
Everyone knows the importance of preserving electronically stored information (ESI) in litigation. But not everyone knows that ESI includes text messages and that an effective e-discovery data collection includes the use of advanced smartphone discovery tools sooner...
Revolutionary Smartphone Data Collection Technology Helps Corporations Enforce and Comply with Regulatory Rules
A version of this article first appeared on March 4th, 2024, on JD Supra. The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and...
FTC and DOJ Up the Ante on HSR Second Requests to Preserve Collaboration Tools and Ephemeral Messaging
The US Federal Trade Commission and the Department of Justice addressed the increased use of collaboration tools and ephemeral messaging in the workplace by announcing last month that it will update language in their standard preservation letters and specifications...
Use Subpoena Power to Discover Text Messages on Personal Smartphones of Third Parties
Courts are generally reluctant to allow a party to discover personal cell phone data where the opposing party does not have possession, custody, or control of an individual's cell phone data during the relevant discovery period. Why? The scope of discovery is subject...