E-Discovery Is Not Just Email Anymore

April 30, 2015
New Jersey Law Journal

Types : Bylined Articles

Emails are the focus of the vast majority of cases involving sanctions for failing to preserve electronically stored information or ESI. Yet text and instant messages represent important sources of potentially relevant and admissible evidence that both sides must assess at the onset of a claim or litigation-or even earlier. Both the federal and New Jersey civil procedure discovery rules are crafted to encompass all forms of ESI, including text and instant messages. But how broad is the duty to preserve text messages or instant messages on employee smartphones once the duty to preserve has been triggered? While it ultimately may depend on a number of factors, failing to preserve text and instant messages is sanctionable. With the rapid proliferation of bring-your-own-device (or BYOD) in the workplace, taking proactive measures before the duty to preserve is triggered and affirmative steps after will reduce or eliminate concerns of spoliation or sanctions.

[…]

Visit njlawjournal.com to read the full article.