In this episode, Agnieszka McPeak, Associate Professor of Law at Duquesne University School of Law, discusses her article "Disappearing Data," which was published in the Wisconsin Law Review. McPeak describes the civil discovery process, which imposes certain obligations on parties to civil actions to preserve and produce documents and other data to opposing parties. She observes that the trend toward application that produce "ephemeral data" and the concept of "privacy by design" are in tension with the traditional expectations of civil discovery. And she argues that courts should take a fact-specific approach to evaluating how to resolve that tension. McPeak is on Twitter at @socmediaJD.

Keywords: social media, spoliation, preservation, Snapchat, ephemeral, electronically stored information, discovery, electronic discovery, e-discovery, Federal Rules of Civil Procedure

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