![]() Just as we say to clients, “We are going to need to collect company emails,” we now are saying, more and more, “We are going to need people’s cell phones.”Īnd a great hue and cry was heard throughout the land. ![]() For business lawyers and the attorneys who represent them, what was the occasional is becoming more and more mainstream. Holson, “Text Messages: Digital Lipstick on the Collar.” New York Times, Dec. Moreover, for family law and personal injury practitioners, text messages (and social media postings) have long been fertile grounds for harvesting evidence of infidelity, harassment, and fraud. Courts have been requiring text message preservation and production for the last several years. eDiscovery practitioners also may think there is nothing revolutionary about considering text messages (or counterpart means of communications through WhatsApp and similar systems) as fair game in eDiscovery. Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages.
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