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Expert Analysis

Retaining Ephemeral Messages To Prepare For DOJ Scrutiny

By Mark Rosman, Jeff Bank and Byron Tuyay (July 29, 2019, 2:10 PM EDT) -- The Antitrust Division of the U.S. Department of Justice has long relied on documents to prove the existence of anticompetitive agreements in cartel cases. Indeed, it is not uncommon for cartel prosecutions to turn on the discovery of so-called "smoking gun" documents to confirm unlawful competitor agreements....

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