For years, e-discovery professionals have attempted to develop defensible processes for text messages and social media information. Thanks in part to the proliferation of ephemeral social media and communication apps like WhatsApp and Snapchat, attorneys and clients alike have had difficulty in determining how to best go about preserving these types of data.
In this Case Law Review:
- Recent rulings regarding deleted social media posts and text messages that opened the door for potential spoliation sanctions
- Sanctions that could have been avoided had counsel been more proactive in defining their preservation strategy
- Spoliation due to "mere negligence"
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