Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 117: Will an Employer’s Failure to Preserve Text Messages on an Employee’s Personal Device Result in Sanctions?”
In Episode 117, our CEO, Kelly Twigger discusses whether a company that allows its employees to use personal phones for business has control of those devices for discovery and whether a failure to preserve text messages on personal devices will result in sanctions in Miramontes v. Peraton, Inc.
Introduction
Welcome to this week’s episode of our Case of the Week series brought to you by eDiscovery Assistant in partnership with ACEDS. eDiscovery Assistant is a platform that helps lawyers and legal professionals leverage the power of ESI as evidence by reimagining how to conduct research for ediscovery, as well as training in ediscovery.
My name is Kelly Twigger. I am the CEO and founder at eDiscovery Assistant, as well as the principal at ESI Attorneys. Each week on our Case of the Week series, I choose a recent decision in ediscovery and talk to you about the practical implications of that judge’s ruling, what it means for you, your practice, and for your clients, and how to do the discovery of ESI better.
Unlike any other substantive area in the law, the constantly evolving landscape of technology means that trial courts, on both the federal and state level, are regularly issuing new opinions on parties’ obligations around ESI. Because the bulk of our learning in ediscovery comes through case law, diving into the details of those decisions and what our practical takeaways are is one of the best ways to understand the issues and details we need to focus on in planning and executing any discovery.
