Let's Chat About the Legal Risks of Instant Messaging

Instant messaging (IM) regulatory requirements and electronic discovery obligations and legal strategies to mitigate IM litigation risks.

March 14, 2014

As technology advances, corporations are increasingly discovering that employee gossip has migrated from the office water cooler to instant messaging platforms. IM programs can be internal or external. They allow employees to instantly exchange ideas and observations, or to collaborate with others. Unlike real-world conversations in corporate lunchrooms or around employee cubicles, however, instant messages can be captured, preserved and ultimately displayed in the courtroom. Both in-house and outside counsel should be aware of the potential legal risks surrounding IMs, as these instantaneous chat conversations can implicate regulatory requirements and/or electronic discovery obligations during litigation.

Reprinted with permission from the March 14, 2014 edition of CORPORATE COUNSEL © 2014 ALM Media Properties, LLC. This article appears online only. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-257-3382 or reprints@alm.com. # 016-03-14-11

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Li Zhu


Seth Northrop

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