Extract from Hanzo’s article “The Hidden Risks of Failing To Preserve Dynamic Web Content in Litigation”
Failing to maintain dynamic web content preservation, from social media and interactive apps to database-driven website pages and content management systems, poses severe and often overlooked risks in litigation. Because this type of content changes constantly, its loss frequently violates ethical duties and often leads to court sanctions for spoliation of evidence.
Because failing to preserve personalized or adaptable online content in litigation undermines a fair trial and destroys the truth-seeking process, it carries a long list of potential consequences.
Common Risks Associated With the Loss of Dynamic Content
There are a number of risks associated with the loss of dynamic content, including adverse inference sanctions. If electronic information, such as chat logs, is not preserved, courts may instruct a jury to assume the missing evidence was damaging to the party that failed to save it.
