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Spoliation of Electronic Evidence: A Primer with Sample Spoliation Letter to Opposing Counsel

By Ike Vanden Eykel & Lindsey V. Underwood

Wife files for divorce and suspects Husband is having an affair. Husband frequently texts his paramour, but he is smart enough (so he thinks) to delete the text messages off his iPhone so that there is no proof of the affair. However, acting on her suspicions, Wife goes through the parties’ shared iPad, which is synced to receive text messages sent to Husband’s iPhone. To Husband’s dismay, the iPhone deletions are not synced up with the iPad, and Wife finds the deleted text messages! Wife now has proof of Husband’s affair.

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