The Sedona Conference Commentary on Ephemeral Messaging: eDiscovery Best Practices

This week’s blog post for Ipro’s blog concludes a two-part discussion that I started last week of an important increasing challenge for eDiscovery professionals everywhere – disappearing evidence!

A couple of weeks ago, The Sedona Conference and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) announced that The Sedona Conference Commentary on Ephemeral Messaging (“Commentary”) has been published for public comment.

The 32-page PDF Commentary defines the nature and scope of ephemeral messaging and provides a detailed sketch of the tension and competing demands facing organizations – particularly organizations seeking to use ephemeral messaging to comply with cross-border data protection directives without violating other legal requirements – that wish to use these tools. The Commentary also includes a discussion of five guidelines that provide direction to organizations on how to navigate the landscape of uncertainty surrounding the use of ephemeral messaging. The guidelines also offer recommendations to regulators and judges for evaluating good faith uses of corporate ephemeral messaging.


So, what are five ephemeral messaging guidelines in the Commentary?  Where can you get it?  And what’s the deadline for submitting a public comment?  You can find out on Ipro’s blog here. 😉  It’s just one more click!

Also, Ipro and ACEDS will be conducting the webinar titled Unpacking the Ipro and ACEDS 2021 Law Firm Snapshot Survey on Tuesday, February 23rd at 1pm ET to review the results of the survey.  Mike Quartararo, President of ACEDS, Aaron Swenson, Director of Product at Ipro, and Jim Gill, LegalTech Industry Writer (and contributor to eDiscovery Today), will discuss the survey results and what they reveal about the state of the industry in 2021.

So, what do you think?  Have you dealt with ephemeral messaging in any of your cases?  You might be surprised!  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: Ipro is an Educational Partner and sponsor of eDiscovery Today


Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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