FTC and DOJ Update Guidance That Reinforces Parties’ Preservation Obligations for Collaboration Tools and Ephemeral Messaging

Summary

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have updated their standard preservation letters and specifications to address the increased use of collaboration tools and ephemeral messaging platforms in the modern workplace. The updates emphasize that companies have a legal responsibility to preserve materials during government investigations and litigation, including documents created through the use of technologies like Slack, Microsoft Teams, and Signal. Failure to produce these documents may result in obstruction of justice charges. The cooperation between the Antitrust Division and FTC's Bureau of Competition aims to promote competition and protect consumers.