Legal IntBeware: Texts and Wearable Data Must Be Preserved, Too by Joseph Francoeur, Michelle Vizzi and Sade A. Forte:
Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.