New cases are once again spotlighting the challenges that ephemeral messaging applications pose for companies and their employees. On the heels of the recent announcement that investment banks would reduce compensation for employees whose use of “off channel” messaging applications like Signal resulted in the SEC’s massive fines on financial services companies, the court in Pable v. Chicago Transit Authority (N.D. Ill. Mar. 2, 2023) dismissed a lawsuit after finding plaintiff failed to preserve relevant text messages he sent and received on Signal. Both Pable and Globus Medical, Inc. v. Jamison (E.D. Va. Feb. 10, 2023)—another case involving accusations of evidence spoliation with Signal—emphasize the need for counsel to exercise careful oversight regarding client use of “off channel,” ephemeral messaging applications.

Pable v. Chicago Transit Authority