Brady may face uphill battle on cell phone destruction if this anonymous lawyer is right:

http://www.atlredline.com/no-destroy...kay-1720689663

He is required to preserve evidence, even in anticipation of civil litigation is that litigation is reasonably foreseeable:

In Brady’s case, his or the NFLPA’s attorneys will have to argue that litigation was somehow not reasonably foreseeable or anticipated despite every sports show talking head predicting that this situation would end up in court from the first day of the scandal. It seems highly implausible that a reasonable person in Brady’s situation would not foresee litigation and not think to preserve a cellphone after receiving multiple prior requests for it.

In addition, Federal Rule of Civil Procedure 37(e) states that:

Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
Once again, Brady will try to argue that he routinely destroyed cell phones and that it was a giant coincidence that he happened to get rid of thousands of relevant messages on the same day investigators interviewed him.
Apparently, this lawyer is not anonymous:

Steve Silver is the founder of TheLegalBlitz.com. He is a former sports reporter for the Las Vegas Sun and is now a lawyer in Philadelphia. You can reach him at steve@thelegalblitz.com or on Twitter @thelegalblitz.