The dramatic spoliation of evidence case of former NBA star Charles Oakley shows how failing to preserve text messages can severely damage litigation outcomes. Oakley's misrepresentations about his texting habits and phone upgrades led to substantial sanctions in his case against Madison Square Garden.

• Text messages are primary evidence in most litigation cases and must be preserved
• Charles Oakley's case against MSG was undermined when AT&T records revealed he sent 800+ texts after the incident despite claiming he "doesn't text much"
• The court granted an adverse inference instruction after finding Oakley intentionally failed to preserve evidence
• MSG's counsel effectively used subpoenas to AT&T and other individuals to prove their sanctions motion
• The duty to preserve for plaintiffs may arise before filing the complaint, contrary to this court's finding
• Courts are increasingly considering sanctions against counsel who fail to ensure client preservation
• Multiple affordable technologies exist that can preserve mobile device data in just hours

Link to Oakley decision

Link to ModeOne Technologies for Mobile Device Collection

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