In Chepilko v. Henry, the Southern District of New York denied plaintiff’s motion for spoliation sanctions, finding that a public records request and a civilian complaint did not trigger defendants’ duty to preserve electronic evidence. In the ruling, Magistrate Judge Stewart D. Aaron analyzed when one’s obligation to preserve camera footage “in anticipation of
A company striving to comply with state and federal regulations, as well as outstanding litigation holds, should establish policies and protocols related to the who/what/when/how of archiving business-related text messages. This blog post contains compliance strategies companies may wish to consider regarding such messages.
“Who.” All directors, officers, and employees should be advised
Text messages have been at the forefront of national news. Indeed, the controversial failure by the Department of Homeland Security (DHS) to preserve text messages related to the events of Jan. 6 requested by Congressional subpoena[1] made text messages a topic of many dinner conversations.
Statutory and regulatory provisions may trigger a company’s duty