In “From Telegraphs to Telegram and Other Modern Telephony: Ephemeral Messaging in an Era of Scrutinized Document Preservation,” an article recently published by the American Bar Association’s Global Private Litigation Committee newsletter, Wilson Sonsini partners Kenneth O’Rourke and Jindrich Kloub, and associates Paige Hammond and Michelle Zang, discuss that the duty to preserve evidence and the scope of that duty are often hot-button issues in antitrust investigations and litigation—particularly when it comes to electronic communications. The continuing development of new communication technologies which allow or enable the deletion of communications used by executives and other employees raises new preservation challenges and obligations. This article addresses recent developments regarding the duty to preserve in antitrust litigation and investigations in the United States, European Union, and United Kingdom.

Read the full article here.

©2025. Published in Antitrust Committee Articles, March 20, 2025, by the American Bar Association. Reproduced with permission, all rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.