When Electronic Records Disappear But Legal Issues Linger

By Donna Fisher, Matthew Hamilton and Jessica Southwick (September 6, 2018, 12:21 PM EDT) -- In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an "ephemeral" messaging app that automatically deletes text messages after they have been viewed.[1] Several organizations have sued President Donald Trump and his executive office, alleging their use of ephemeral communication apps, such as Signal and Confide, violated the Presidential Records Act.[2] Further, companies' growing use of ephemeral communications tools is complicating U.S. Department of Justice investigations of corporate wrongdoing when it comes to uncovering bribery schemes. Last year, the DOJ announced that, in order to receive full credit for self-reporting bribery violations under the new Foreign Corrupt Practices Act Enforcement Policy, companies must prohibit "the improper destruction or deletion of business records, including prohibiting employees from using software that generates but does not appropriately retain business records or communications."[3]...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!