Philip Favro

May 21, 2019

WeChat: A New Frontier in ESI Preservation and Production

WeChat is an increasingly widespread communication platform whose content is being sought with growing frequency by parties to U.S. litigation. Despite its growing ubiquity, many lawyers either know nothing about WeChat or are not advising clients to preserve and produce relevant WeChat communications in discovery. Failing to do so can be damaging or even disastrous to a party’s claims or defenses. This is evident from the number of recent court cases addressing discovery of relevant WeChat messages and imposing sanctions for preservation or production failures.
May 16, 2019
Emoji Law QnA

Q & A with Emoji Law Expert Eric Goldman from Santa Clara Law

Emojis have become an important form of evidence in legal disputes. This is evident from the growing number of court cases over the past several years that have addressed issues relating to emojis. While some might scoff at the notion that a grinning, yellow-faced icon 😀 or a “thumbs up” 👍 might constitute admissible evidence, lawyers are increasingly confronting the reality that they need to know how to preserve, analyze, and present emojis as evidence in court.
May 13, 2019
Fatal Attraction

Fatal Attraction? Examining the Merits of Ephemeral Messaging

Mobile messaging applications are front and center today. News about the proliferating use of these applications seems to dominate headlines around the globe. Whether spotlighting their utility in advancing business objectives or ruminating over indiscretions shared through text messages, there is no getting away from the reality that messaging applications—for better or for worse—are a significant part of daily life.
May 1, 2019

Fatal Attraction? Examining the Merits of Ephemeral Messaging

Mobile messaging applications are front and center today. News about the proliferating use of these applications seems to dominate headlines around the globe. Whether spotlighting their utility in advancing business objectives or ruminating over indiscretions shared through text messages, there is no getting away from the reality that messaging applications—for better or for worse—are a significant part of daily life. Among messaging apps that have grown in popularity, perhaps none is as trendy as ephemeral messaging. And for good reason. With its ability to automate the destruction of content shared with others, ephemeral messaging offers organizations an intriguingly robust option to strengthen aspects of their corporate information governance programs. This feature, combined with the enhanced ability to communicate confidentially, make ephemeral messaging a viable communication option for companies and their employees.
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