Now You See the Evidence, Now You Don’t: eDiscovery Trends

Ta Da!  This week’s blog post for Ipro’s blog starts a two-part discussion of an important increasing challenge for eDiscovery professionals everywhere – disappearing evidence!  Eegads!  😮

I’ve already discussed plenty on Ipro’s blog and this one how collaboration apps have become a popular source of ESI in many eDiscovery cases.  But not all collaboration apps are created the same.  Some are ephemeral messaging apps, which only preserve the communication for a short while after it has been sent and read, then automatically deletes that message.  Snapchat is certainly one of the most popular apps that fits that description; Confide, Wickr, and Threema are other examples.  With ephemeral messaging apps like these, the message disappears anywhere from a few minutes to a few days. 

As you can imagine, evidence that automatically disappears when you have a duty to preserve can be very problematic.  You not only need to consider the ramifications of using ephemeral messaging apps, but also ephemeral messaging in general.  And, as I discuss in the post, at least one recent case law ruling shows that the ramifications can be severe.

So, what are two recommendations to consider with regard to ephemeral messaging?  And what is the case that I’m referencing above?  Hint: it’s one of my “Five Must-Read eDiscovery Cases from 2020”!  You can find out on Ipro’s blog here. 😉  It’s just one more click!

Also, Ipro and ACEDS will be conducting the webinar titled Unpacking the Ipro and ACEDS 2021 Law Firm Snapshot Survey on Tuesday, February 23rd at 1pm ET to review the results of the survey.  Mike Quartararo, President of ACEDS, Aaron Swenson, Director of Product at Ipro, and Jim Gill, LegalTech Industry Writer (and contributor to eDiscovery Today), will discuss the survey results and what they reveal about the state of the industry in 2021.

So, what do you think?  Have you dealt with ephemeral messaging in any of your cases?  You might be surprised!  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: Ipro is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Leave a Reply