When confronted with an issue of first impression – how to authenticate text messages – the Colorado Court of Appeals chose not to reinvent the wheel.  Rather, it wisely borrowed from the Federal Rule of Evidence (“FRE”) 901.

Factual Background

In People v Heisler, the defendant and victim had been romantically involved.  They remained in touch after they broke
Continue Reading Two-Steps and Voila: How To Authenticate Text Messages

Federal Rule of Civil Procedure 37 (along with others — Rules 1, 16, 26 and 34) was amended, effective December 1, 2015.

The amendment to Rule 37(e) was intended, in part, to ensure practitioners/litigants were fully aware of their preservation obligations, to ensure a uniformity of sanctions imposed upon parties and practitioners who failed to preserve discoverable electronically stored information


Continue Reading E-Discovery Update: ESI Sanctions in Federal Court During 2016 (Well, through July)

In Kan-Di-Ki, LLC v. Suer (2015 WL 4503210 [Del. Ch. July 22, 2015]),  a case involving breach of contract claims, the plaintiff alleged that the defendant engaged in suppression and spoliation of evidence when the defendant deleted three sets of text messages and email chains pertaining to the foreseeable litigation between the parties. Plaintiff came to learn of the


Continue Reading Failure to Preserve Text Messages and Relevant Emails Lead to Sanctions