When To Limit Preservation Of Digital Communication

Law360, New York (October 30, 2012, 12:16 PM EDT) -- 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....
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