Pavan Kotha initiated a multi-part series on ephemeral messaging on LinkedIn. His treatment spans business value, millennials, information governance and eDiscovery.
Information that is within the scope of discovery is also subject to a preservation duty. Failure to preserve can amount to spoliation, with potentially serious consequences in litigation. Because the ephemeral messages are short-lived there is a high risk of spoliation of evidence as it is impossible to preserve the ephemeral message.