Working Group 1 Virtual Town Hall: Ephemeral Messaging -- Is Traditional eDiscovery Gone Forever?

Thursday, February 16, 2023 - 3:30pm to 5:00pm

Location: Online (Zoom)

Time: 3:30 to 5:00 p.m. EST

Ephemeral messaging challenges our basic notions of discovery. For example, how do you preserve and produce electronic communications designed to disappear? Is something not stored even considered electronically stored information? Or should we think of ephemeral messaging like phone calls or in-person meetings? And how does this change when preservation obligations -- either under civil law or regulatory requirements -- may exist?

At this town hall, Working Group 1 of The Sedona Conference will bring together a group of professionals from varied perspectives to discuss the impact of ephemeral messaging on eDiscovery practice, including:

  • Background on ephemeral messaging, what it is, and how it works.
  • Practical impacts on collection, processing, and production.
  • Areas of key impact, such as preservation, proportionality, and possession, custody, or control. 
  • How are courts and regulators addressing ephemeral messaging -– recent regulatory actions and court decisions.
  •  A discussion of The Sedona Conference’s existing guidance on the topic, including Working Group 6’s Commentary on Ephemeral Messaging.

The Town Hall will begin with an overview discussion among our dialogue leaders. The audience will then have an opportunity to discuss and brainstorm on the topic both collectively and in smaller breakout sessions. Takeaways and action items will be noted and shared with all to inform the ongoing mission of WG1 and guide its future publication projects.

Participation is free to all current Working Group Series members, but advance registration is required. Registrants will receive a Zoom invitation and instructions two days before the event.

Dialogue Leaders


Armonk, NY, USA

Norton Rose Fulbright US LLP

New York, NY, USA

Innovative Driven

Alpine, UT, USA

National Labor Relations Board

Washington, DC, USA

U.S. District Court for the Northern District of Illinois

Chicago, IL, USA

Kaplan Fox & Kilsheimer LLP

New York, NY, USA

Paul Weiss

New York, NY, USA