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In the employment law arena, it seems that the central focus in e-discovery has been on what electronically stored information (ESI) has been kept by defendant employers and the extent of their preservation efforts. After all, the leading e-discovery spoliation case—Zubulake v. UBS Warburg—was a gender discrimination case filed by an employee against her employer. But with the popularity of social media, email and text messaging, a defendant employer mired in litigation would be well served to seek discovery of a plaintiff employee’s own ESI. An employer just might find a treasure trove of helpful evidence that contradicts the plaintiff employee’s claims.

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