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.
May 13, 2019
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.
April 29, 2019
Text message preservation for civil litigation has never been more important. Court decisions emphasizing the importance of preserving relevant texts are seemingly issued on a weekly basis. However, beyond issuing a litigation hold, many lawyers have no idea how to undertake some of the most basic functions to ensure relevant text messages are preserved. The inability of counsel to advise clients how to keep relevant texts leaves parties vulnerable to data loss and court sanctions. This is an unfortunate result, though one that can be remedied if counsel are willing to become educated on some basic digital age functionality.
April 22, 2019
Proportionality is an important doctrine that is increasingly being used to reduce the burdens of preserving relevant electronically stored information (ESI). Widely accepted as a measure for balancing the benefits and burdens of production, some courts have applied proportionality standards to relieve parties from preserving certain categories of ESI.