From Edward H. Rippey and Skye L. Perryman in The National Law Journal:

Numerous courts have imposed sanctions for failing to preserve e-mails and other electronic documents. But few decisions have addressed the consequences of destroying electronic information stored on portable electronic devices — such as BlackBerrys and smart phones. This may be starting to change.

Recently, in Southeastern Mechanical Services Inc. v. Brody, No. 8:08-CV-1151, 2009 WL 2883057 (M.D. Fla. Aug. 31, 2009), the Middle District of Florida imposed spoliation sanctions for destruction of e-mails, calendar entries and text messages that were stored on portable electronic devices. This court’s imposition of sanctions is an important reminder about the consequences of deleting information on such devices.

In particular, the court found it significant that information stored on the BlackBerrys at issue had not been fully synchronized to a corporate server — and therefore destruction of information contained on the BlackBerrys was improper. Accordingly, both counsel and litigants should be apprised of the scope of the duty to preserve electronic information and should keep in mind that the duty to preserve such information likely extends to portable devices, such as BlackBerrys and smart phones…