The way we communicate in the workplace has undergone a dramatic transformation in recent years, with messaging applications and text messages becoming increasingly prevalent. While this shift has brought about numerous benefits, it has also presented a significant challenge when it comes to eDiscovery and the need to preserve potentially relevant text and chat data for legal proceedings. Failure to preserve potentially relevant communication data from mobile devices can result in sanctions, loss of evidence, and ultimately, losing the case.
The need for a seamless workflow for the preservation of text and chat data was recently exemplified in a high-profile case, Hunter’s Capital, LLC v. City of Seattle, involving city-issued devices and high-ranking officials. In this case, legal holds were not issued in a timely manner, text messages were deleted by officials, and some text messages were only retained through triangulation (finding text messages on the phones of “other” custodians that communicated with the defendants). Direct text messages between the custodians only were not found. As a result, the defendants were sanctioned $600K, and relevant evidence was lost.
Overcoming Challenges through Implementing Workflows for Mobile and Chat Data Preservation
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