Retaining Ephemeral Messages To Prepare For DOJ Scrutiny

Law360 (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.

Technology over the last 15 years, however, has drastically changed where, when and how people communicate for work. Modern business communications take place across numerous devices and media, including email, messaging applications and a wide variety of productivity applications such as Slack, Skype for Business, Google Hangouts and Cisco Jabber.

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