New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation. Two particularly noteworthy topics include: (1) Possession, custody, or control questions involving employee text messages; and (2) the role and form of adverse inference instructions to juries to address ESI spoliation. Understanding how courts are addressing these issues will more readily prepare counsel to address them during litigation.
1. Possession, Custody or Control Issues Involving Employee Text Messages—In re Pork Antitrust Litig. (D. Minn. 2022).