Judge Rules Gov’t Failed to Save Text Messages

The Gibbons Business & Commercial Litigation Department published a fascinating blog about FBI investigators losing critical text messages in a case against Ridgefield, New Jersey city officials.

Shortly after defendants moved to compel production of the text messages, the government agreed to produce them but later advised that it could not do so. The government explained that [Solomon] Dwek used a personal cell phone to transmit text messages, which his carrier retained for only 3 to 5 days. As to the text messages originating from or received on the agents’ Blackberry® handheld devices, the government ultimately admitted that it failed to preserve many of these messages, notwithstanding its document retention policy concerning “reasonably anticipated or pending litigation.” The government did not issue a litigation hold until on or about January 11, 2010, long after the subject data would have been destroyed in the normal course of business.

With iViP, all messages going in and out are archived and available in the event of future disputes.