Corruption, Crime & Compliance: Electronics Communications Risks in The Era of Ephemeral Messaging
Compliant Business Communications Through Messaging Apps
M365 in 5 – Part 5: Teams Chats – Modern communications
On November 24, 2025, the Cybersecurity & Infrastructure Security Agency (CISA) issued an alert titled “Spyware Allows Cyber Threat Actors to Target Users of Messaging Applications,” which outlines how “multiple cyber threat...more
Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage. How times have changed. Now, information resides in an...more
Hybrid work isn’t new anymore — it’s the norm. Employees collaborate across offices, home workspaces, mobile devices, chat apps, and cloud platforms without thinking twice about how their actions complicate eDiscovery....more
In 2025, contract negotiations unfold over oat milk coffees and digital channels where informal conversations often intermingle with serious commercial discussions. ...more
Historically, the concept of Electronically Stored Information (ESI) has long been synonymous with documents – emails, Word files, spreadsheets, and presentations. These traditional forms of ESI are static, discrete, and...more
Key Takeaway: Ephemeral messaging creates compliance and legal risks by auto-deleting business communications, complicating digital forensics. Automated archiving solutions help organizations proactively capture and preserve...more
On Tuesday, October 14, CTIA hosted ConnectMobile as part of this year’s Mobile World Congress in Las Vegas. The event brought together stakeholders from across the messaging and voice ecosystem to discuss how providers can...more
Texas AG Ken Paxton expanded his investigation of online chat platform Discord over allegations that the company, through operation of its app, is endangering child safety and privacy in violation of the state’s Securing...more
In our last post, we discussed the challenges organizations face regarding the possession, custody, and control of mobile devices and referenced our prior series dedicated to mobile device discovery (all posts of which are...more
The English Court of Appeal has delivered a useful reminder of the limited formalities required to create a binding contract under English law....more
The ubiquity of off-network messaging applications presents a major challenge for legal and compliance functions. While offering convenience and immediacy, these platforms operate largely outside traditional corporate IT...more
FINRA recently sanctioned, through a Letter of Acceptance, Waiver and Consent (AWC), a broker-dealer for off-channel communications—not because financial professionals texted or used instant messaging when they weren’t...more
The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more
Slack has transformed the way modern organizations communicate. Conversations that once happened over long email threads now take place in fast-moving channels, private messages, and quick back-and-forth threads. While this...more
WhatsApp users should update the application for vulnerability CVE-2025-30401, which Meta recently patched when WhatsApp was released for Windows version 2.2450.6....more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 12-18. Here’s what’s...more
The UAE laws regarding crime against people, and particularly when such crimes are committed online are strict and aim to protect people from activities that could potentially harm the victim’s reputation. Here, we are...more
The SEC's wave of enforcement actions concerning "off-channel" communications did not abate in 2024. In total, the SEC announced more than 70 firms agreed to pay more than a half-billion dollars combined to settle charges for...more
On December 11, 2024, the Women’s White Collar Defense Association (WWCDA) hosted “Views from the Top,” featuring the following government officials from the DOJ, SEC, CFTC, and FTC discussing current and future enforcement...more
Although 2024 saw several states enact comprehensive privacy legislation, another year is nearly gone, and we still do not have a comprehensive federal privacy law to resolve the rapidly evolving patchworks of state laws....more
TransPerfect Legal recently hosted its fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME). One standout panel, "Data in the Modern Age: Chats, Modern Comments & Attachments, and Generative Artificial...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 17-23. Here’s what’s...more
After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump...more
The Department of Justice’s Antitrust Division (Antitrust Division) updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Compliance Guidance) on November 12, 2024. The new...more
On November 12, 2024, the Department of Justice (DOJ) Antitrust Division (Division) updated its guidance on how prosecutors will evaluate corporate antitrust compliance programs for the first time since 2019. The Division’s...more