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Data Preservation Department of Justice (DOJ)

BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

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Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more

TransPerfect Legal

3 Takeaways from Amazon and Google: Preservation Challenges in Antitrust Cases in the Age of Ephemeral Messaging

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In the fast-paced world of digital communication, the legal landscape is constantly evolving. Recent cases involving tech giants Google and Amazon have brought to light critical issues surrounding data spoliation and...more

Array

This Week in eDiscovery: DOJ Issues Guidance for Corporate Data on Personal Smartphones, Search Syntax Challenges and More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of June 10-16. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Proskauer Rose LLP

DOJ Messaging App Warnings Undermine Trust In Counsel

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In the last several months, the Antitrust Division of the U.S. Department of Justice has been issuing increasingly ominous warnings to companies and executives about the consequences of not preserving ephemeral messaging and...more

Lighthouse

Emerging Trends in Second Requests

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From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more

Miller Canfield

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

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The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more

Morrison & Foerster LLP

Full Steam Ahead for Cartel Enforcement in 2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Venable LLP

The FTC’s and DOJ’s New Magic Act: Vanished Messages Will Reappear in Discovery

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In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation...more

Pagefreezer

Why the DOJ Says Messaging Apps & Collaboration Platforms Are a Major Compliance Problem

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The Department of Justice (DOJ) has updated their Evaluation of Corporate Compliance Programs policy with special attention paid to messaging platforms when detecting and investigating potential misconduct and law violations....more

Onna Technologies, Inc.

[Webinar] No longer amateur hour: The new normal of data preservation - April 24th, 1:00 pm - 2:00 pm ET

Join us for a comprehensive discussion led by distinguished speakers, including U.S. SEC Senior Counsel and Senior Managing Director at FTI Consulting, as they shed light on navigating the intricate landscape of data...more

Lighthouse

DOJ and FTC Update Preservation Specifications for Second Requests

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What’s changing - On January 26, 2024, the Department of Justice (DOJ)’s Antitrust Division and the Federal Trade Commission (FTC) announced updated language within their standard antitrust preservation specifications that...more

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Troutman Pepper on

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Manatt, Phelps & Phillips, LLP

Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral...more

Jones Day

DOJ's Antitrust Division and the FTC Announce New Guidance on Preservation for Collaboration Tools and Ephemeral Messaging

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The Antitrust Division of the U.S. Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are updating language in document requests and compulsory process to address companies' increased use of collaboration...more

Alston & Bird

Preservation Obligations for Ephemeral Messaging Will Not Disappear

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As companies expand communications technologies, federal antitrust agencies expand their enforcement efforts. Our White Collar, Government & Internal Investigations and Antitrust Teams reveal the latest guidance from the...more

Mayer Brown

New FTC and DOJ Antitrust Division Document Preservation Guidance Takes Aim At Collaboration Tools and Messaging Platforms

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The FTC and DOJ’s Antitrust Division recently announced that they are updating their guidance regarding how parties in enforcement and investigative matters must preserve electronically stored information (“ESI”) from...more

Morrison & Foerster LLP

FTC and DOJ Antitrust Division Will Update Guidance on Companies’ Preservation Responsibilities for Collaboration Tools and...

On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Thomas Fox - Compliance Evangelist

Assessing Communication Compliance: Ephemeral Messaging and Retention

I recently had the opportunity to visit with Alex Cotoia, Regulatory Manager, and Daniela Melendez, an Associate at The Volkov Law Group, on the importance of addressing electronic communications preservation and management...more

The Volkov Law Group

Electronic Communications Risks — DOJ Enters the Fray in March 2023 (Part II of III)

The Volkov Law Group on

Just to play devil’s advocate (or perhaps to push my agenda), I have conflicting views on corporate use of ephemeral messaging applications.  On the one hand, I understand the importance of managing electronics communications...more

The Volkov Law Group

Electronic Communications Risks — Asking the Critical Questions? (Part I of III)

The Volkov Law Group on

Honestly, I have been avoiding this topic since it presents a real morass of risks and potential traps for the unwary company and Chief Compliance and Chief Legal Officers....more

The Volkov Law Group

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on

One thing you can count on — change.  Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

Array

Does Your Litigation Hold Strategy Account for Remote Workers?

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Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...more

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