Businesses increasingly communicate through platforms that offer disappearing or auto-delete messaging features, including Microsoft Teams, Slack, text messaging applications, and social media direct messaging systems. While these tools may reduce data clutter, they do not eliminate legal obligations related to e-discovery and evidence preservation.
Once litigation is reasonably anticipated, businesses have a duty to preserve relevant electronically stored information (ESI). This includes suspending routine deletion practices and preserving communications on chat platforms, mobile devices, and messaging applications.
Courts have made clear that technology choices do not excuse “spoliation,” or the destruction or failure to preserve evidence relevant to litigation. If communications occur on platforms configured to automatically delete messages, responsibility for preserving those records remains with the organization—not the software provider. Failure to preserve relevant evidence may result in monetary sanctions, adverse jury instructions, evidentiary limitations, or other serious consequences.
Even when messages disappear from a user’s screen, metadata, administrative logs, cloud backups, and synchronization records may still exist. These sources can reveal important information regarding communications, including timestamps, participants, and file activity, making early identification and preservation critical in modern litigation.
As communication practices evolve, litigation hold and data preservation strategies must evolve with them. A preservation plan that addresses only email communications may be insufficient in today’s business environment. Organizations should understand how their messaging platforms operate before a dispute arises—not after preservation obligations attach.
Businesses facing complex e-discovery and litigation risk issues should proactively review their data retention and messaging policies. The attorneys at Newman & Lickstein, LLP assist clients with e-discovery strategy, litigation holds, data preservation, and litigation risk management.
About Newman & Lickstein, LLP
Newman & Lickstein, LLP is a Syracuse-based law firm representing businesses, employers, and individuals in complex litigation, corporate matters, labor and employment law, and commercial disputes. The firm advises clients on e-discovery obligations, data preservation strategies, and litigation risk management involving electronic communications and electronically stored information.
