Pavan Kotha initiated a multi-part series on ephemeral messaging on LinkedIn. His treatment spans business value, millennials, information governance and eDiscovery.
Information that is within the scope of discovery is also subject to a preservation duty. Failure to preserve can amount to spoliation, with potentially serious consequences in litigation. Because the ephemeral messages are short-lived there is a high risk of spoliation of evidence as it is impossible to preserve the ephemeral message.
Read Part I of the series here.
Author
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Mary Mack is the CEO and Chief Legal Technologist for EDRM. Mary was the co-editor of the Thomson Reuters West Treatise, eDiscovery for Corporate Counsel for 10 years and the co-author of A Process of Illumination: the Practical Guide to Electronic Discovery. She holds the CISSP among her certifications.
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