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Court Denies Motion to Exclude WhatsApp Message Not Produced in Original Form: eDiscovery Case Law

In U.S. v. Avenatti, New York District Judge Jesse M. Furman, among other rulings, denied without prejudice the defendant’s motion that his WhatsApp communications (with a client he was indicted for a scheme to defraud) should be excluded unless the Government obtains and produces “the original, electronically stored version” of the relevant communications, finding that his arguments about authentication and completeness were “premature”.