Document Preservation in the Digital Age

June 12, 2023

In a discussion of the decision by the U.S. District Court for the Northern District of California in the In re Google Play Store Antitrust Litigation Case, a recent article from Davis + Gilbert highlights the obligations parties face to preserve important documents and information during litigation.

Google was sanctioned and required to pay the Plaintiff’s reasonable attorney fees due to its failure to preserve relevant chat messages on its internal platform Google Chat. The default Google Chat settings typically only keep messages for 24 hours, but the settings may be updated to retain messages for longer periods. Google became involved in this litigation in September 2020, and it had the capability to preserve the history of messaging for the relevant employees, but it failed to do so. The Court sanctioned Google under Federal Rules of Civil Procedure 37(e) for failure to preserve relevant information.

Ensuring all key documents are preserved is paramount to ensure all available resources and evidence are available to all parties to the case to maximize fairness, consistency, and due process.

It is advisable to consult with an attorney before and during litigation to ensure the appropriate measures have been taken to preserve essential documents and information (standard and/or electronic) to avoid later sanctions during litigation.

To read the full article from Davis + Gilbert, Sanctions Against Google Show Importance of Litigation Document Preservation, click here.

To read how Castaybert PLLC can assist you in litigation and arbitration, click here.