Vanishing Messages Muddle E-Discovery for Attorneys, Judges

Corporations and their outside counsel increasingly must decide whether to allow the use of apps that send disappearing messages, because these apps can ensnare companies in e-discovery disputes.

Several lawyers at a Washington conference raised the issue, which has become more prevalent as “ephemeral” messaging apps such as Snapchat, Wickr, WhatsApp, and Signal grow in popularity. These apps hide or auto-delete text messages and images after they are sent or accessed.

Attorneys at the Advanced eDiscovery Institute sponsored by Georgetown Law’s continuing legal education division, said these apps pose issues with the “duty to preserve” communications that could become evidence ...