Credit: Twin Design/Shutterstock.com Court Sanctions Plaintiff for Destroying Relevant Facebook Messenger and Telegram Messages
Judge David Campbell, who led the Federal Civil Rules Advisory Committee that developed the Rule 37(e) amendments enacted in 2015, issued an adverse inference jury instruction against plaintiff after finding she spoliated relevant Facebook Messenger and Telegram messages and other ESI.
February 17, 2022 at 07:00 AM
7 minute read
Parties have an obligation to preserve relevant ESI from ephemeral messaging applications and other digital age communication apps and information sources. Even though ESI from these applications is dynamic and thus easily subject to modification or deletion, parties must take reasonable steps to retain such information after a duty to preserve triggers. Failure to take such steps can leave a responding party—plaintiff or defendant—vulnerable to data loss and sanctions.
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