Manatt Antitrust and Competition Partners David Reichenberg and Dylan Carson and Litigation Partner Randy Grossman and Associate Matthew Bruno co-authored an article for Law360 in which they discussed the growing concerns of ephemeral messaging platforms, including how failure to preserve short-lived communications can present regulatory and legal risks for parties facing antitrust investigations.
The authors explored the antitrust enforcement concerns and key updates from the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) regarding company obligation to properly preserve communications materials in court. In the article, they wrote, “These obligations… apply ‘to new methods of collaboration and information sharing tools, even including tools that allow for messages to disappear via ephemeral messaging capabilities.’ The FTC and DOJ warned that a party's ‘[f]ailure to produce such documents may result in obstruction of justice charges.’”
Law360 subscribers can read the full article here.