Does a Litigation Hold Require the Preservation of Employee Text Messages?

Soon after the case was filed, the plaintiff issued a litigation hold
letter to the defendants seeking the preservation of electronically stored
information.  Despite the fact that this letter specifically referenced
text messages, the defendants made no effort whatsoever to preserve the
text messages on the former employee’s cell phone.  Of course the phone was
then lost, about a year and a half after the hold should have been
instituted.

The plaintiff sought spoliation sanctions in the form of an adverse jury
instruction.  The defendants attempted to shelter themselves from
punishment behind testimony that the former talent broker did not use texts
to contact clients and no proof was offered that there was relevant
evidence anywhere in the phone.  Thus, the defendants felt the plaintiff’s
motion was entirely speculative.


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Source:
http://ellblog.com/does-a-litigation-hold-require-the-preservation-of-employee-text-messages-big-problems-in-little-packages-lost-cell-phone-leads-to-spoliation-sanctions/
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