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Boehning and Toal: Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging

Tuesday, December 3, 2019   (0 Comments)
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Extract from Christopher Boehning and Daniel J. Toal's article "Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging"

Courts, as well as lawyers and in-house counsel, are struggling with how to apply litigation hold and document management policies with the realities of the many and varied modes of communication. One mode of communication increasingly used in both personal and business contexts is ephemeral messaging. Enormously popular apps such as Wickr, Signal, Wire, WeChat and Confide provide users with the ability to communicate in real time and to set messages to be deleted soon after they are read—often in a matter of seconds.

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