preservation of ephemeral messaging

The Antitrust Division of the U.S. Department of Justice is warning companies and counsel about the importance of preserving ephemeral messaging and messages sent using collaboration tools. Failure to produce relevant documents may result in obstruction of justice charges, including for defense and in-house counsel. The Division's focus on prosecuting attorneys for obstruction of justice raises concerns about potential chilling effects on cooperation and trust between prosecutors and the defense bar.