Americans love social media - about 9% consider themselves to be an influencer! In January 2024, the Pew Research Center reported that 83% of American adults use YouTube, 68% use Facebook, and 47% use Instagram. Most users have accounts on multiple platforms and many actively create content.

That all adds up to a whole lot of potentially discoverable data. 

More than 23 billion text messages were sent from cell phones daily in 2023. Consequently, the collection of messages will likely be a topic of conversation during a litigation or investigation. After balancing the issues of the case, the ability to obtain information from other sources, the potential relevance of cell phone data, and the time consuming and costly nature of cell phone collection, collection may be needed. Proper data collection and handling of messages is difficult, especially...

Remember your middle school teacher who would remove a grade letter for each day your paper was late? Maybe that teacher was inspired by the Federal Rules of Civil Procedure.

Energy Keepers, Inc v. Hyperblock LLC examines FRCP Rule 37(c)(1) and the timely disclosure of discovery under Rule 26.

You would think that by now employees know their cell phones are not, in fact, black boxes where anything goes and "privacy" reigns supreme. You would be wrong.

Spoliation sanctions: two words no in-house counsel or law firm litigator ever wants to hear, but a routinely-deployed threat when a disagreement about the availability of ESI arises.

I write this post from my childhood bedroom. Yesterday, life gave me an unplanned analogy for parenthood and corporate data breaches.

We’re living in a time when social media has supplanted email as the primary means of electronic communication.