In this three-part series, we will discuss a shift in the traditional e-discovery power dynamic between large organizations and individual litigants. In the early days of e-discovery, individual plaintiffs wielded most of the power in their ability to wage large and expensive discovery against corporate parties. Now, the technology revolution has changed that power dynamic. Corporate litigants in a variety of cases have leveled the playing field by forcing individual plaintiffs to preserve and produce evidence from social media accounts, mobile devices and cloud sources. In part one, we will discuss the valuable evidence that individuals create on social media accounts, on their smart phones and in the cloud. In parts two and three, we will discuss case law focused on preserving and producing evidence from these sources, and practical tips both parties can use for dealing with this valuable evidence.
Brand new evidence
Smart phones and other mobile devices, iPads and tablets, as well as GPS units are fertile sources of pictures, messages and location information. However, we need to think more broadly—to show the opposing party that we are thinking broadly and expecting them to preserve this information.