Ephemeral Messaging: Best Practices for Complying with Discovery Obligations

Thomson Reuters: E-Discovery Bulletin

The use of ephemeral messaging technology has become increasingly widespread. While the temporary or vanishing nature of ephemeral messaging offers many benefits to companies and individuals, it also poses unique challenges, particularly in the discovery process. To properly identify, preserve, and produce relevant ephemeral data in litigation, counsel should understand the main features of ephemeral messaging tools and best practices for managing the discovery-related issues associated with ephemeral data.