At Miller Edwards Rambicure, we understand the crucial role that electronic communications, like text messages, play in today’s litigation landscape. A recent decision by the Delaware Chancery Court in Goldstein v. Denner, et al. underscores the importance of preserving text messages when litigation is anticipated. The court made it clear that failing to take reasonable steps to preserve these communications can result in significant sanctions, such as adverse inferences and increased burdens of proof.
The ruling emphasized that parties do not need to immediately create forensic images of their phones but should take steps to prevent data loss—this can include backing up data, disabling auto-delete features, or directly collecting relevant messages. The key is to act reasonably and proactively in preserving potential evidence.
This case serves as a critical reminder that, in the face of litigation, preserving text messages and other electronic data is not just best practice—it’s essential to protecting your legal rights and avoiding spoliation claims.
Miller Edwards Rambicure is here to help you develop effective preservation strategies and navigate the complexities of electronic discovery. Contact us to ensure your communications are protected, and let us guide you through your legal challenges with confidence.