Through recent motions filed in federal court and a policy memo issued last year, the U.S. Department of Justice (DOJ) has signaled that it has set its sights on instant messages and personal devices as potential sources for uncovering anticompetitive or criminal information. Therefore, companies would be wise to review their personal device and corporate chat preservation policies and ensure they have the ability to preserve such information in the event of a government investigation or civil antitrust litigation, and to obtain a clear understanding of how their employees are really using or abusing these services to communicate for business purposes.