Encouraging employees to use “off-channel” communications such as text and chat apps that aren’t archived could be viewed as a crafty way to elude records discovery by regulators in future litigation.
That’s exactly what the Justice Department is accusing Google of doing as it attempts to press its antitrust case against the tech giant. But the government’s increasing pushback against such practices shows failure to preserve information is a risk that corporate counsel should take steps to prevent.
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