Law360, New York (October 30, 2012, 12:16 PM ET) -- The combination of emerging technologies and discovery obligations continues to give rise to questions regarding the scope of a party’s duty to preserve documents for litigation. Businesses now employ instant messaging systems, employees are sending work-related text messages, and key personnel are interacting over Skype.
Courts have not entirely kept up with the rapid changes in communications technology; while it is clear that data created by such technology is subject to preservation and discovery, the bigger issue for most parties is the scope of their duties....
When To Limit Preservation Of Digital Communication
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