Kelly Twigger: #CaseoftheWeek Episode 102: Failure to Preserve Chat Messages Results in Sanctions

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Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 102: Failure to Preserve Chat Messages Results in Sanctions”

In episode 102 of the Case of the Week series, Kelly Twigger analyzes a recent decision from the In re Google Play Store Antitrust Litigation, in which Google was found to have failed to adequately preserve chat communications. The decision highlights the importance of preserving instant messages and the need for attorneys to be familiar with the chat programs used by their clients. The court found that Google intentionally spoliated ESI, but has not yet ruled on appropriate sanctions, pending further information on the scope of lost evidence. Attorneys must be prepared to negotiate preservation, collection, and review of chat messages in discovery.


Good morning, and welcome to episode 102 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the founder and CEO of eDiscovery Assistant and the principal at ESI Attorneys. Thanks so much for joining me today.

If you haven’t had a chance yet to grab a copy of our 2022 Case Law Report, download a copy of that for your perusal.

We’re going to dive right into this week’s decision, which comes to us from the In re Google Play Store Antitrust Litigation. This is a decision from United States District Judge James Donato, dated March 28, 2023. So very recent.

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