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Federal E-Discovery: Court Rejects Unilateral Responsiveness Redaction of Text Messages
February 3, 2025
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Court Rejects Unilateral Responsiveness Redaction of Text Messages,” appeared in the February 3 issue of the New York Law Journal. The authors discuss a recent decision by a magistrate judge in the Southern District of New York concerning one party’s unilateral decision to redact irrelevant or non-responsive text messages from an otherwise relevant conversation. In We The Protesters, Inc. v. Sinyangwe, the judge ruled that although parties are free to come to their own agreement about text message redactions, the agreement at issue was incomplete. Given that, the court applied the leading case on text message redactions in the district, Al Thani v. Hanke, which held that parties cannot unilaterally redact information from a text message chain for any reason other than privilege. Deputy chair and counsel, e-discovery, Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.
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