Effective E-Discovery Of Chat Apps In Gov't Investigations

Law360 (February 19, 2021, 5:37 PM EST) -- In the not-too-distant past, electronic discovery in a government investigation meant collecting emails and, occasionally, text messages or Bloomberg terminal chat messages.

But modern business communications now take place over a wide variety of platforms, including applications with private, direct-messaging features, e.g., Slack, Skype, Signal and Telegram, or with ephemeral messaging capabilities designed to delete automatically upon viewing, e.g., Snapchat, Wickr, Dust, Confide, Sicher, Viber and Threema, to name a few.

Reliance on messaging apps to converse about business has become particularly prominent in the current remote working environment, as employees struggle to remain connected — and increasingly use their personal...

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