News & Analysis as of

Instant Messaging Apps Discovery

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

Array

This Week in eDiscovery: Do You Speak AI? How to Craft a LLM Prompt, Plus Privilege Ruling, Fed Guidance on Messaging App...

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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 blog covers the week of February 12-18. Here’s what’s...more

Troutman Pepper

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

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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

Pagefreezer

Is Slack Content Discoverable? Yes, It (Definitely) Is

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Electronic communication has come a long way in a few short decades. In 2006, Rule 34 of the Federal Rules of Civil Procedure was amended to confirm that discovery of electronically stored information stood on equal footing...more

BCLP

Disputes in Focus: Quick Q&A on Developments in Forensic IT & AI

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In this insight, Clare Reeve Curatola ask our experts, Jason Alvares and Chris Wheatley, to share their insights and thoughts on the developments and challenges in forensic technology. They also share practical tips to...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 3: during an investigation

A&O Shearman on

This post provides tips from our eDiscovery experts on the identification and preservation of chat data during an investigation - Chat data will inevitably need to be collected for review if an investigation or dispute...more

StoneTurn

eDiscovery and Forensic Investigations: Six Tips for Managing Company Messaging Protocols

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The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more

Holland & Knight LLP

Do Not Delete: SEC and DOJ Send Serious Messages on Preserving Ephemeral Communications

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Ages ago, hieroglyphics were painstakingly etched into stone. They communicated various types of messages, from fables to business transactions, and lasted thousands of years. Today, we still communicate the same type of...more

BakerHostetler

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

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The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more

Sherman & Howard L.L.C.

e-Discovery Doesn't End with E-mail

When I was a new trial lawyer, a seasoned veteran joked that the "e" in "e-mail" stood for evidence. It seems to me that after decades of legal advice and collections of company email accounts in litigation, people are...more

American Conference Institute (ACI)

The Role of Artificial Intelligence in Ephemeral Messaging

As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more

BakerHostetler

DOJ Likely to Scrutinize Personal Device and Corporate Chat Policies of Investigation Targets

BakerHostetler on

Through recent motions filed in district court and a policy memo issued last year, the U.S. Department of Justice (DOJ) has signaled that it has its sights on instant messages and personal devices as potential sources for...more

BakerHostetler

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

BakerHostetler on

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more

Hanzo

Ediscovery New Year's Resolution: Put Your Data Collections on a Diet

Hanzo on

It’s already February, and chances are, most of us have already broken our New Year’s Resolutions. But no matter the time of year, when it comes to your ediscovery workflow, it’s never too late to trim the data you're...more

Hanzo

Trends for Collaboration Data Ediscovery in 2023

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It’s that time of year again when people are pulling out their crystal balls and doing their best to predict the future of what we’ll see in the ediscovery industry in 2023. I mean who doesn’t want to know what to look out...more

Hanzo

Hanzo Top 20 Ediscovery & Compliance Blogs of 2022, Part 2

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It’s been another interesting year in the world of legal technology, and we here at Hanzo have covered a variety of topics in 2022. Last week, we covered the first 10 of our top 20 ediscovery and compliance blogs. Today we...more

Hanzo

Hanzo Top 20 Ediscovery & Compliance Blogs of 2022, Part 1

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It’s been another interesting year in the world of legal technology, and we here at Hanzo have covered a variety of topics in 2022. For the next two weeks in December, we’ll highlight our top 20 ediscovery and compliance...more

BCLP

Discovery of Text Messages, IMs, DMs

BCLP on

Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

Eversheds Sutherland (US) LLP

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

Farrell Fritz, P.C.

Court Sends Signal to Parties Who Spoliated Documents Using Ephemeral Messages

Farrell Fritz, P.C. on

Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

TransPerfect Legal on

In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more

TransPerfect Legal

Short Message Collection – Best Practices

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The proliferation of short messages falling into the scope of discovery or disclosure is unabated. These can be mobile SMS texts or instant messages from popular applications such as WhatsApp, Viber, Slack, Skype and MS...more

Epiq

Sedona Commentary Provides Ephemeral Messaging Usage Guidelines

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In January, the Sedona Conference published commentary on ephemeral messaging and is open to public input until March 28, 2021. Ephemeral messaging is a dynamic technology that allows people to send secure, end-to-end...more

Lighthouse

M365 in 5 – Part 5: Teams Chats – Modern communications

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Hear more about Teams from Anthony Diana and Trevor Satnick of Reed Smith and John Collins from Lighthouse in a discussion of the enhanced functionality of M365’s new instant messaging platform, including persistent chats,...more

Hanzo

Salesforce Acquires Slack; Ups Enterprise Reach And Infuses Collaboration Into Business Processes—Adding Increased Need For...

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Salesforce recently announced the acquisition of Slack, which is certain to drive new and exciting changes in the world of collaboration software.  We wondered what the impacts might be, and what it may mean strategically for...more

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