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Legal Tech: Summer 2020's Most Interesting E-Discovery Cases

By Mike Hamilton
September 01, 2020

For years, e-discovery professionals have attempted to develop defensible processes for text messages and social media information. Thanks in part to the proliferation of ephemeral social media and communication apps like WhatsApp and Snapchat, attorneys and clients alike have had difficulty in determining just how to best go about preserving these types of data.

In this quarter's Case Law Review, we'll take a look back at recent rulings regarding deleted social media posts and deleted text messages that opened the door for potential spoliation sanctions — and that could have been avoided had counsel been more proactive in defining their preservation strategy — as well as more evidence that U.S. discovery rules will usually trump foreign privacy laws.

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