Jeane A Thomas S Starling Marshall

Jeane A Thomas S Starling Marshall

March 29, 2024 | New York Law Journal

DOJ, FTC: Failure To Preserve, Produce Ephemeral Messages May Lead to Consequences That Are Anything but Ephemeral

The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.

By Jeane A. Thomas, S. Starling Marshall and Justin D. Kingsolver

9 minute read