E-DISCOVERY
Jan. 1, 2012
The Smoking Tweet
Getting hold of relevant personal communications can be as easy as perusing social media or as drastic as seizing a hard drive.
The classic "he said, she said" confrontations in employment cases are becoming a thing of the past as electronically stored information (ESI) proliferates, and discovery often yields indisputable electronic documentation of what people said and did. The challenge, of course, is sifting through all of the cyber junk to find that "smoking tweet."
Preservation
All parties have a duty to preserve evidence, including digital evidence, when a party reasonably an...
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