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ARTICLE · 29 DECEMBER 2014

Can New Messaging Apps Inadvertently Cause Spoliation?

Fox Rothschild LLP
Fox Rothschild LLP
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Lately, a number of mobile apps have been developed and released that are aimed at protecting users’ privacy by instantly deleting conversations, pictures, and other content after its initial viewing.

United StatesLitigation, Mediation & Arbitration

Lately, a number of mobile apps have been developed and released that are aimed at protecting users' privacy by instantly deleting conversations, pictures, and other content after its initial viewing.  Snapchat is the most widely known representative example of these apps, which essentially function by allowing one user to send another user pictures and/or text, giving the recipient a set amount of time to view the contents of the message, and then deleting that content, purportedly permanently.

There has been a healthy amount of debate lately over whether these apps are truly "private."   More importantly for those involved in litigation or issues that could potentially lead to litigation is the concern over spoliation of otherwise discoverable information.  The risk may seem obvious to lawyers, but can be less apparent to those employees or other users who view these types of apps as a foolproof safeguard to conversations that they wish to remain confidential. 

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