Sanctions Against Google Show Importance Of Litigation Document Preservation

The Bottom Line

• Companies should be aware that their document preservation obligations apply to all forms of internal communications, including chats and other instant messenger applications.
• When instituting a litigation hold, companies should check the default settings of all electronic document storage platforms to ensure any automatic delete settings are turned off.
• Companies should consult with counsel if they have any questions about their document preservation obligations.

A recent federal court decision against Google serves as an important reminder about litigation document preservation obligations for companies that use internal messaging platforms. The March 28, 2023, order was for Google's failure to adequately preserve communications exchanged on its internal Google Chat message system. The ruling from the U.S. District Court for the Northern District of California stems from the case In re Google Play Store Antitrust Litigation (the Google