There’s More Than One Way to Lay a Foundation: Retrieving Short Message Data

Feb 8, 2024 9:04:00 AM / by Adam Arnold

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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...

Case Law: Energy Keepers, Inc v. Hyperblock LLC

Mar 11, 2021 10:43:11 AM / by Vanessa Woolsey

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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.

Case Law: Measured Wealth Private Client Group, LLC v. Foster, et al.

Feb 10, 2021 2:02:59 PM / by Vanessa Woolsey

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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.

Case Law: Roost Project, LLC v. Andersen Construction Company

Jan 8, 2021 11:45:16 AM / by Vanessa Woolsey

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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.

Breach Fatigue Is Real

Nov 16, 2020 12:41:47 PM / by Ryan Short

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

He Said, Tweet Said: Social Media eDiscovery

Jul 21, 2020 3:48:26 PM / by Scott Collins

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

Social media is everywhere: Facebook, Twitter, LinkedIn, Instagram, Snapchat, and more take up more and more screen time - especially in a COVID era with more of us reliant on our screens for communication.

Apps that were once dominated by teens and twenty-somethings are increasingly used by their parents and grandparents. The President of the United States regularly sends late night...