Recent legal and eDiscovery news has focused on “Slack.” And yet, despite the increasing publicity Slack has received, some remain unfamiliar with Slack – the leading channel-based messaging platform. Therefore, today’s post is meant to introduce readers to Slack and offer insights into preserving Slack data.

What is Slack?

At its most basic level, Slack is a company-wide chatroom. Slack (which stands for Searchable Log of All Communication and Knowledge) is a collaborative workspace designed to streamline real-time communications between business teams. For many companies, Slack is replacing traditional, lengthy email communications. Indeed, online searches suggest a 49% decrease in email use at companies once Slack is implemented.

At a more granular level, Slack environments, called “Workspaces,” allow users to create public or private channels for ongoing group discussions. Public channels are open to all members within the workspace, whereas private channels are invite-only and dedicated to specific working groups. For example, a channel titled “Litigation X” may be limited to members of the Litigation X team, whereas a channel titled “Litigation” may be accessible to all litigators within a law firm. There are also private messaging features available for one-off interactions. And the data in Slack is not limited to messages between Slack users. Rather, Slack amalgamates into a central hub data from hundreds of sources, including more than 1,000 connected applications. Therefore, the amount of data in Slack is potentially massive.

Within a workspace, there are various permission levels: owners (who may delete and transfer workspaces), admins (who can invite/delete members and moderate the channel), members (who can access and create content), and guests (who lack full access to public channels and may have limited access to channels relevant to them).

Challenges of Slack

While Slack is lauded for creating a hub for the sharing of information and allowing collaboration among teams, the interactive program presents challenges for collecting and searching data when needed. Consider that communications in Slack take place in public channels, private channels (where only invited participants know what is communicated), and one-to-one messaging; that each of those records is editable; and that users can create and delete channels, edit messages, pin messages, react to messages, add/remove/modify files and integrations. Additionally, Slack has customizable retention policies. While the default retention setting retains indefinitely all messages and files for the workspace, retention options are readily customizable. If a workspace sets a 30-day message retention policy, all messages and files older than 30 days will be deleted permanently. Against this backdrop, spoliation concerns are real. If a relevant data source is identified as Slack, legal teams must understand Slack, the user privileges, and retention policies within each workspace relevant to the litigation to minimize any risk of spoliation.[1]

[1] Attorneys should also understand that only certain versions (i.e., Enterprise Grid) of Slack offer legal hold functionality and even then, identifying a custodian (depending on user privileges and who has access to what data) may be a challenge. Finally, it is advisable to partner with a vendor because it is not possible to search or analyze data in Slack. Rather, the data must be exported to be assessed, and exports are in JavaScript format only – making the data indecipherable until decoded.

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Photo of Kathryn C. Cole Kathryn C. Cole

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation…

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation, consumer class actions, and securities class actions, serving clients ranging from major pharmaceutical companies to closely held businesses. Katy brings a combination of courtroom advocacy, appellate experience in the U.S. Court of Appeals for the Second Circuit, and deep knowledge of eDiscovery strategy that allows her to manage high-stakes litigation from preservation through trial and appeal.

Katy is a Certified E-Discovery Specialist (CEDS) and a recognized authority on electronic discovery and data retention. She guides clients through every phase of the eDiscovery process, including identification, preservation, collection, review, and production of electronically stored information. She works closely with clients to develop defensible discovery plans and retention policies, implement technology assisted review platforms, and leverage analytics to reduce costs and risk. She is a founding member of and prolific contributor to Greenberg Traurig’s eDiscovery Watch blog, where she regularly addresses emerging issues such as generative AI in litigation, text message preservation, and spoliation.

Before entering private practice, Katy clerked for the Hon. Richard C. Wesley at both the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit. She has argued multiple appeals in the Second Circuit and the Second Department Appellate Division, and she has in-house experience through a secondment with a major technology company. Her understanding of both the courtroom and the corporate legal department gives her a practical perspective that informs her litigation strategy and client counseling.

Katy is actively involved in shaping civil practice in New York. She serves on the Office of Court Administration’s CPLR Advisory Committee and the New York State Advisory Committee on Civil Practice. She is a past president of the Eastern District of New York Chapter of the Federal Bar Association and a Fellow of The New York Bar Foundation. She has been listed in The Best Lawyers in America for Commercial Litigation and she received the Long Island Business News “Top 50 Women in Business” award in 2024.