Extract from Kelly Twigger’s article “The Importance of Mobile Device Data Preservation Based on Lessons from a Key Case”
In a recent case, the City of Seattle faced sanctions in the form of an adverse inference instruction for the deletion of text messages following its support in closing a 16-block area in downtown Seattle during the Capitol Hill Occupied Protest. In episode 98, Kelly Twigger, founder of eDiscovery Assistant, discusses the implications of this ruling in the case of Hunter’s Capital, LLC v. City of Seattle. The case was presided over by United States District Judge, Thomas S. Zilly, and the adverse inference instruction was issued in 2023. This ruling highlights the importance of proper preservation and handling of data from mobile devices — specifically text messages and Signal data.
Introduction
Hi, and welcome to episode 98 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the principal at ESI Attorneys.
We are marching very quickly towards our 100th episode on the Case of the Week. Thank you so much for joining me on this journey as we learn ediscovery through case law.
All right, let’s dive into this week’s decision. This is an important case this week, and I really want you to pay attention closely to a lot of the takeaways and the keys in the facts of the analysis of this decision. This case highlights very complex issues associated in dealing with mobile devices and data that resides only on that device and the need for parties to address preservation of data from those devices early on and in an effective manner. This decision comes to us from Hunters Capital, LLC vs. The City of Seattle.
