Pending in the Southern District of Ohio, Safelite Group, Inc., v Nathaniel Lockridge et. al. reminds counsel of the importance of being active in the preservation process and reminds litigants of the importance of preserving text messages. 

Background

Nationwide auto glass repair and replacement provider Safelite Group, Inc. employed defendant Nathaniel Lockridge, and in 2020

Discovery in the United States is uniquely broad, and under the Federal Rules of Evidence and various state laws, parties have a legal obligation to preserve documents and data if they know or should have known that they represent relevant evidence in pending or reasonably anticipated litigation.[1] Companies headquartered outside of the United States

Facts

In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant

Data collection[1] can be technically rigorous and complex because it involves extracting potentially relevant electronically stored information (ESI) from native sources for processing, review, and production. Recognizing this complexity, an effective collection strategy likely involves both legal and IT professionals.

Once your team is established, you should decide what, among the materials preserved, should

Recent legal and eDiscovery news has focused on “Slack.” And yet, despite the increasing publicity Slack has received, some remain unfamiliar with Slack – the leading channel-based messaging platform. Therefore, today’s post is meant to introduce readers to Slack and offer insights into preserving Slack data.

What is Slack?

At its most basic level, Slack

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