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eDiscovery

Modern Communications, Meet Modern Discovery: Why Chats and Texts Can’t Be Ignored

Masters AI 1 min read

The way we communicate has fundamentally changed. Business conversations that once lived in email threads now unfold across collaboration platforms, smartphone texts, and even ephemeral messaging apps. Courts are increasingly asking: how should this modern data be treated in discovery?

Expanding the Scope of Discovery

A growing body of case law shows that courts expect parties to go beyond traditional email and document collection. Platforms like Slack, Microsoft Teams, and mobile messaging tools are now firmly within the scope of discoverable ESI. In SEC v. Ripple Labs, Slack messages became critical evidence. In Red Wolf Energy Trading v. Bia Capital, failure to produce chat data resulted in significant sanctions.

The Rise of Ephemeral and Mobile Data

Twitter v. Elon Musk revealed the evidentiary value of text messages in high-stakes transactions, while Waymo v. Uber spotlighted ephemeral messaging apps. Courts are paying close attention to whether organizations are intentionally — or negligently — allowing relevant data to disappear.

What This Means for Legal Teams

  • Chats are core evidence: Platforms like Slack and Teams must be treated as primary data sources.
  • Context is critical: Producing fragmented chat data can lead to rejection.
  • Ephemeral messaging carries risk: Disappearing messages are tied to spoliation arguments.
  • Mobile data matters: Texts and app-based conversations often provide key evidence.

To explore these cases in more detail, visit the full blog from CloudNine.