Honey, I Forgot the Cell Phone: The 411 on ‘Outlier’ ESI

January 27, 2010

Recent events in courtrooms and in the news highlight the potential significance of so-called "outlier" electronically stored information (ESI) — such as that found on cell phones and PDAs, voice mail systems, instant messaging systems, chat rooms, and websites. After years of ambiguity about how parties in federal courts should handle the preservation and production of outlier ESI, a clearer message is slowly starting to emerge.

In her article, "Honey, I Forgot the Cell Phone: The 411 on ‘Outlier’ ESI," prepared for ALM’s Law.com (January 27, 2010), Farrah Pepper of Gibson Dunn analyzes the developing case law addressing the preservation and production of outlier ESI and the importance of managing such data before they become evidence in litigation.

Reprinted with permission from Law.com (January 27, 2010), ¬© 2010 ALM Media Properties, LLC.