Smiley face or grounds for conviction? Over the past few years, emojis have been finding their way into litigation, and in some instances, even making or breaking cases. But while courts have sometimes struggled to interpret what these glyphs mean, e-discovery technology has, for the most part, been able to account for this relatively new type of visual evidence. But that may not be the case going forward.

Many emojis in circulation today are standard ones—they’re provided by chat or collaboration software and available to all its users. But an increasing number of software applications, including Slack, allow users to create their own unique custom emojis. And these personalized emojis are much harder for e-discovery tools to handle.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]