Ephemeral messaging is a dynamic messaging technology that presents users with a mix of attractive benefits and troubling risks. For enterprises seeking to bolster their information governance processes, ephemeral messaging can help satisfy data protection laws and enhance information security protocols. And yet, ephemeral messaging can facilitate nefarious conduct and allow individuals and companies to circumvent litigation requirements and court orders. This program will focus on the tensions surrounding the use of ephemeral messaging—particularly in the context of civil litigation—and address recommendations for handling the issues.

Topics covered include:

• An overview of what is ephemeral messaging including a discussion of commonly used applications like WhatsApp, Signal, and Wickr, together with key technological features affecting ESI preservation
• An analysis of new case law involving ephemeral messaging
• Considerations for addressing parties’ use of ephemeral messaging before and after the common law duty triggers to preserve relevant ESI

Speakers:

• Hon. Laurel Beeler, Magistrate Judge, U.S. District Court, Northern District of California
• Leeanne Sara Mancari, Of Counsel, Co-Chair, eDiscovery and Information Management Platform, DLA Piper
• Sarah R. LaFreniere, Partner, Hausfeld
• Phil Favro, Consultant, Innovative Driven