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ARTICLE · 29 APRIL 2025

Florida Law Update: Slack Messages May Be Privileged Communication

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Florida's Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County...

United StatesLitigation, Mediation & Arbitration
Joseph Kovecses
Joseph Kovecses
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Florida's Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications exchanged through corporate messaging systems like Slack.

Case Details: Benescott v. Toptal, LLC

The case, Benescott v. Toptal, LLC, __ So. 3d __, Case No. 6D2023-3769 (Fla. 6th DCA April 17, 2025), involved an underlying interstate discovery action to enforce a Nevada non-party subpoena. The appellant had produced approximately 10,000 documents in the underlying action and claimed privileged as to 750 documents. These documents included Slack1 communications between the appellant, the CEO of a non-party company, and the owner of the non-party company regarding legal advice given to the owner by attorneys representing him in other litigation with appellee Toptal, LLC.

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