Instant messaging (IM) has changed not only the way employees interact but also how the courts consider and interpret corporate communications. When used in connection with business activities — or even if in connection with personal activities if employees in the workplace can access IM tools — IM may have significant legal implications for discovery and litigation. Accordingly, corporate counsel should examine carefully business policies relating to employee use and company retention of instant messages.
Before turning to e-discovery issues, counsel should appreciate the potential pitfalls of using IM to conduct any aspect of business practice. IM conversations, despite their seeming informality, can actually create binding legal obligations for companies.
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