In the past, social media and other new data types (i.e., activity tracker information) have not been widely requested in e-discovery activities. With increased social media use, however, that is changing, and processes should be in place to preserve and produce this data, especially in a world becoming more dependent on social media and new data types for communicating and tracking analytics.
In this slip and fall case, the defendant, Denny’s, moved to compel discovery of a variety of data sources.
In discovery, the defendant asked the plaintiff to produce various categories of documents, including:
When the plaintiff didn’t fully produce the requested materials, the parties met and conferred three times to resolve their disputes. Nevertheless, the two sides couldn’t come to agreement on the e-discovery parameters, and the defendant filed a motion to compel.
Download the PDF version of Hinostroza v. Denny's Inc. case law alert here.
The expansion of our digital world has also expanded the scope of data that is potentially relevant to a case. If you anticipate litigation, make sure your client preserves all types of data, from Facebook to FitBit, that could be deemed relevant and proportional to the needs of the litigation.