ESI Report

Duty to Preserve Voicemail, Text and Social Media Data


In the recent case of State v.Huggett, failure to preserve voicemail data resulted in the dismissal of a second degree murder charge. On this edition of The ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Circuit Court Judge James Babbitt from Barron County, Wisconsin who authored the original opinion in the case and Jason Paroff, Senior Director of Computer Forensics for Kroll Ontrack, to discuss the duty to preserve electronic data  and exculpatory evidence such as text messages, voicemail and social media. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent Kelly Kubacki explores the recent decision of Crispin v. Audigier, Inc. regarding the discoverability of information contained on social networking sites.