June 17, 2019
An oft-heard argument is that one form of a recorded communication channel (e.g., Instant Messaging) is more akin to an unrecorded telephone call than another (e.g., email), and the former should thus not be subject to any regulatory or legal retention obligation. Similarly, some have questioned whether a recorded communication needs to be retained for regulatory purposes or preserved for legal hold if the same communication could have just as easily been made over the phone or in person and had never been recorded.
June 11, 2019
With ephemeral messaging moving from fad to trend, it is important for lawyers to consider several questions, such as whether their clients, if under legal hold, can still use ephemeral messaging and if so, under what circumstances?
June 6, 2019
With consumers and organizations adopting “ephemeral” messaging apps with increasing frequency, there is a need to consider the implications of this technology to a company’s retention and discovery obligations. But first, it is necessary to define what exactly we mean by “ephemeral” when it comes to data in general, and messaging apps in particular.
May 21, 2019
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
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.