Eric P. Mandel

June 17, 2019
Retention Ephemeral Messages

Retention of Ephemeral Messages

An oft-heard argument is that one form of a recorded communication channel (e.g., Instant Messaging) is more akin to an unrecorded telephone call than another (e.g., email), and the former should thus not be subject to any regulatory or legal retention obligation.  Similarly, some have questioned whether a recorded communication needs to be retained for regulatory purposes or preserved for legal hold if the same communication could have just as easily been made over the phone or in person and had never been recorded.
June 11, 2019
Discovery Ephemeral Messages

Discovery of Ephemeral Messaging

With ephemeral messaging moving from fad to trend, it is important for lawyers to consider several questions, such as whether their clients, if under legal hold, can still use ephemeral messaging and if so, under what circumstances?
June 6, 2019
What Is Ephemeral Messaging

“Ephemeral” What? Defining Ephemeral Data and Messaging

With consumers and organizations adopting “ephemeral” messaging apps with increasing frequency, there is a need to consider the implications of this technology to a company’s retention and discovery obligations. But first, it is necessary to define what exactly we mean by “ephemeral” when it comes to data in general, and messaging apps in particular.
January 21, 2019
InfoGovl is not records management

Information Governance is Not Records Management Repackaged

It is easy to mistake the term Information Governance as some newfangled business-speak for combining the business functions of Legal & Regulatory Compliance with Records & Information Management (“RIM” or “RM”). Or maybe it’s combining RIM and Legal? Or maybe it’s IT, RIM, Compliance and Legal -- including eDiscovery? Information Governance includes all those elements, and so much more.
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