Extract from Irfan Shuttari’s article “Emojis Are the eDiscovery Challenge That Can No Longer Be Ignored”
Emojis have become a fundamental part of modern communication today. They are extensively used in social media, text messaging, collaborative apps and (of course) email. Emojis add tone and context to messages which might otherwise have a different interpretation in text form. They are used extensively today, not just in personal communications, but also in business communications.
Of course, their extensive use in both types of communications today means one thing to eDiscovery professionals: they’re discoverable. While many eDiscovery professionals have been inclined to ignore emojis in discovery as non-consequential to the case, their increased significance in litigation means they can no longer be ignored. In this article, I’ll discuss how the influence of emojis on litigation has risen dramatically, and what to look for in an eDiscovery solution to identify any emojis that may impact your case.
Recent Examples of Emojis Influencing Cases
According to Eric Goldman, case law rulings referencing emojis have risen from a single case in 2014 to 154 cases in 2021!
