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.
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.