Kelly Twigger: #CaseoftheWeek Episode 72: Production of Text Messages from Personal Mobile Devices

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 72: Production of Text Messages from Personal Mobile Devices”

Episode 72 is a longer analysis than usual with us discussing the decision made by United States Magistrate Judge Hildy Bowbeer. The case for this episode is In re Pork Antitrust Litig., 2022 WL 972401 (D. Minn. 2022), and we’ll discuss whether a party can be compelled to produce text messages from an employee’s personal mobile devices.

Good morning, and welcome to episode 72 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. Thank you so much for joining me today.

As you know on our Case of the Week series, each week we choose a recent decision from our eDiscovery Assistant database that highlights key issues for litigators and those involved in the eDiscovery process, and we talk about the practical implications of that decision and what it means for you.

This week’s decision comes to us from the case titled In re Pork Antitrust Litigation. This is a decision written by United States Magistrate Judge Hildy Bowbeer, dated March 31st, 2022. Judge Bowbeer has 26 decisions in our eDiscovery Assistant database, so she’s well versed in eDiscovery issues, and today’s decision is one that is going to raise a lot of eyebrows.

Today’s decision is on the discoverability of text messages on an employee’s personal cell phone when the company has a BYOD policy in place. Although our discussion today is going to be a little longer than usual, I really encourage you to stick with me because there are really interesting issues here that you’re going to need to pay attention to.

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