Managing Directors Michael Koenig and David Craig, writing in the American Bar Association Criminal Justice Magazine, examine the accelerating rise of ephemeral messaging and its growing impact on compliance, investigations, and litigation.

The increasing use of these communications, now promoted by platforms such as WhatsApp as acceptable for business purposes, poses significant challenges for enforcing litigation holds and preserving evidence. While there are reasonable and defensible measures available to manage this evolving landscape, traditional solutions such as company-owned devices and mobile device management often fall short. A practical, risk-based investigative approach is needed that integrates policy audits, employee risk scoring, and data analytics to identify and address issues before they escalate.

With ephemeral messaging here to stay, how can counsel move beyond rigid policies to implement proactive, practical strategies that truly mitigate risk?