Preserving Mobile Device & Online Evidence

This lesson discusses how to properly preserve social media evidence in litigation. The ubiquitous nature of social media has made it an unrivaled source of evidence, leading it to play a key role in countless cases. Businesses of every size can be affected by social media – both in the duty to preserve social media content and in the desire to access relevant social media evidence in litigation. Data residing on social media platforms is subject to the same duty to preserve as other types of electronically stored information (ESI). The duty to preserve is triggered when a party reasonably foresees that evidence may be relevant to issues in litigation. All evidence in a party’s “possession, custody, or control” is subject to the duty to preserve.