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Beware: Texts and Wearable Data Must Be Preserved, Too

The Legal Intelligencer

February 5, 2018

Authors: Joseph L. Francoeur, Sade Forte

Joseph Francoeur (Partner-New York), Michelle Vizzi (Associate-New York) and Sade A. Forte (Associate-New York) collaborated on “Beware: Texts and Wearable Data Must Be Preserved, Too,” which appeared in the February 5, 2018, issue of The Legal Intelligencer, a publication of Law.com. The three warn that “Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while raising concerns about consumer privacy rights.” As technology continues to develop and become more relevant in litigation, attorneys must advise their clients who reasonably anticipate litigation to protect all forms of data from spoliation.

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