Recap and IM Action Plan

1. It’s illegal to destroy instant messaging evidence after you receive notice of a lawsuit or during a trial.

2. The duty to preserve electronic evidence arises as soon as you have been served with a complaint or anticipate litigation.

3. In a lawsuit, you could wind up sharing the cost of electronic discovery with your opponent—even when it is the opposition’s IM and e-mail records that are sought.

4. Form a litigation response team to oversee the retention of evidence, the cessation of deletion, and the prompt response to discovery requests.