Text Messaging as Uncharted Territory in E-Discovery

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http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202622181932&Text_Messaging_as_Uncharted_Territory_in_EDiscovery

An article by Catherine A. Bernard appearing on Corporate Counsel on the law.com website.

To the extent that text messages are used by employees and retained in the ordinary course of business, they may, like email, constitute discoverable ESI.

The article states, “On the other hand, a party cannot be forced to produce ESI from sources that are “not reasonably accessible because of undue burden or cost.” The courts have provided little guidance on how the interaction of these principles should cabin requests for text message data, which rarely is retained long-term and may not even be addressed by company retention policies. But in other ESI contexts, courts have been more than willing to craft novel approaches to balance discovery rights with burden and cost concerns rather than keep the information out of court.”

Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202622181932&Text_Messaging_as_Uncharted_Territory_in_EDiscovery#ixzz2hPsrjOsm

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