Mike Hamilton, Exterro: Text Messages MUST Be Accounted for in E-Discovery

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Extract from Mike Hamilton’s article “Text Messages MUST Be Accounted for in E-Discovery”

Text messages represent a new category of potentially relevant evidence, which must be accounted for and, in most cases, preserved during e-discovery. In Regas Christou v. Beatport, LLC (D. Colo. January 23, 2013), the court sanctioned the defendant for taking “no steps to preserve the text messages,” leading to a spoliation sanction.

In this case, the plaintiff, Regas Christou, a Denver nightclub owner, filed a lawsuit against a competing nightclub owner, Brad Roulier, and others for multiple claims including violation of the Sherman Act for threats which would lead to the monopolization of online electronic dance music sales.

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