At many companies, the candid conversation moved out of email years ago. Approvals, complaints, side comments, and "can we talk about this offline" now happen in Slack channels and Teams chats, which makes them central evidence in employment, trade-secret, partnership, and commercial disputes. They are also among the most fragile records a client has, because retention settings, edits, and deletions can change them quietly.
This guide covers the four jobs in order: preserving workplace chat before it disappears, collecting it from each platform, the authentication and hearsay questions that come up, and turning a raw export into an exhibit a court can read. Platform features and plan entitlements change often, so verify any specific capability against the vendor's current documentation before relying on it in a hold notice or a discovery response.
Are Slack and Teams messages admissible as evidence?
They can be, on the same terms as other electronic communications: they must be relevant, authenticated under Federal Rule of Evidence 901 or a state equivalent, and either not hearsay or within an exception. Nothing about workplace chat is categorically admitted or excluded; foundation does the work.
What makes chat different is structure. A single "message" may sit inside a thread, carry reactions, have been edited, and include a file stored somewhere else entirely. Exhibits that drop that structure invite completeness objections, and collections that ignore it miss evidence.
How do you preserve Slack and Teams data before it disappears?
Start with retention settings. Both platforms let administrators set retention rules that delete messages automatically, and users can often edit or delete their own messages, so preservation has to happen at the workspace or tenant level, not just by asking people to keep things.
- Identify who administers the Slack workspace or Microsoft 365 tenant; it is often IT, not legal
- Get the current message and file retention settings in writing
- Suspend deletion or apply a legal hold for relevant users and channels where the plan supports it
- List custodians, public and private channels, direct messages, and shared or external channels
- Note bots and integrations that post into channels, such as ticketing or deployment tools
- Stop deprovisioning of departing employees' accounts until their data is preserved
- Ask about other chat apps on company and personal phones, such as WhatsApp or iMessage
Send the hold notice to custodians as well, covering mobile devices and the instruction not to edit or delete; litigation hold letters covers the wording. Under Federal Rule of Civil Procedure 37(e), the question for lost electronically stored information is whether reasonable steps were taken to preserve it, and the most severe measures require a finding of intent to deprive. Documenting the retention change and its date is part of showing reasonable steps.
How do you collect Slack data for litigation?
Through the workspace's administrative export or, on enterprise plans, eDiscovery integrations and legal hold features, not screenshots. Which conversations an export can include depends on the plan: as of this writing, standard exports cover public channels, while exporting private channels and direct messages depends on the plan and may require a request that Slack reviews.
A standard export arrives as a ZIP file of JSON data organized by channel and by day, with separate files listing users and channels. A few characteristics matter for review:
- Timestamps are stored in Unix epoch format (UTC) and need conversion to a stated local time zone.
- Users appear by internal user ID; the users file maps IDs to names, and display names may have changed over time.
- Threads link replies to their parent message by the parent's timestamp, so they need to be reassembled.
- Edits may be flagged, but a standard export generally reflects the current version unless edit history was retained.
- Files may appear as links rather than the files themselves, so download and preserve them separately while access is available.
Raw JSON is not an exhibit. It needs processing, either through an eDiscovery platform that supports Slack or a rendering step that produces readable transcripts with the structure intact.
How do you collect Microsoft Teams messages?
Through Microsoft Purview's eDiscovery tools in the organization's Microsoft 365 tenant. Teams stores compliance copies of chat and channel messages in Exchange Online mailboxes, which is where Purview searches, holds, and exports them.
- Chats. One-on-one and group chat messages are held in participants' mailboxes.
- Channels. Standard channel conversations are held in the team's group mailbox; check current documentation for how private and shared channels are stored.
- Files. Files shared in channels live in the team's SharePoint site; files shared in chats live in the sender's OneDrive. Collect them alongside the messages.
- Meetings. Meeting recordings and transcripts are stored in OneDrive or SharePoint and may fall under their own retention rules.
- Licensing. Features such as review sets and conversation threading depend on the organization's Microsoft 365 licenses.
How do you scope a chat collection sensibly?
Scope by custodian, channel, and date range first, and use search terms carefully. A workspace-wide collection can run to millions of short messages, and Federal Rule of Civil Procedure 26(b)(1) limits discovery to what is relevant and proportional to the needs of the case.
- Start with people and places. The custodians at the center of the dispute, the channels where the project or team worked, and the direct messages between key players.
- Bound the dates. Tie the range to the events in the pleadings, with a reasonable margin on each side.
- Be wary of keyword-only filtering. Chat is short, informal, and full of shorthand, nicknames, and emoji. A message that says "yeah, do it" will not hit any search term, but it may be the most important message in the thread. Pull surrounding context for every hit.
- Sample before committing. Review a small slice of a channel to see whether it is substantive or noise before collecting the whole history.
Negotiating these parameters early, and writing them into the ESI protocol, avoids disputes later about what was searched. Proportionality in ESI discovery covers how to frame the scope arguments.
What authentication and hearsay issues are specific to workplace chat?
Authentication usually comes from a participant or from the administrator who ran the export, and hearsay analysis often turns on whether the speaker was the opposing party's employee speaking within the scope of the job.
Authentication
A participant can identify messages under Rule 901(b)(1); content, user handles, and context support identification under 901(b)(4); and an administrator can describe the export process under 901(b)(9). Rules 902(13) and 902(14) allow certification of system-generated records and hash-verified copies in place of live foundation testimony, with advance notice. See self-authenticating electronic records. Watch for shared accounts and bots, where the user ID does not identify a person.
Hearsay
Under Rule 801(d)(2)(D), statements by a party's employee on a matter within the scope of employment, made during that employment, are not hearsay when offered against the party. That covers much of what makes workplace chat valuable. Chat messages are not automatically business records under Rule 803(6); the foundation depends on the regular practice behind them.
Reactions and completeness
Emoji reactions are argued over as acknowledgment or assent, and their meaning is a fact question. Under Rule 106, an excerpt may require the surrounding thread, so keep full threads and reactions available.
What should a chat exhibit look like?
A readable transcript with stable identities, a stated time zone, threads grouped under their parent messages, and reactions, edits, and attachments shown or referenced. The production unit, often each channel or conversation per 24-hour period, should match whatever the parties agreed in the ESI protocol; see the ESI meet-and-confer checklist.
Sample transcript format
Channel: #ops-escalations. Source: workspace admin export, collected April 2, 2025. Times shown in Eastern Time (UTC-5). Bates ACME-CHAT-000412.
[Mar 4, 9:14 AM] J. Rivera (U02ABCD): Customer says the shipment arrived damaged again.
Thread reply [9:16 AM] M. Chen (U07WXYZ): Let's not put that in the ticket yet. (edited 9:18 AM)
Reactions to the 9:14 message: "eyes" by M. Chen, K. Patel
Employment and trade-secret matters raise further questions about employee privacy, monitoring policies, and personal devices that depend on governing law; the licensed attorney on the matter should resolve those before collection from personal accounts or devices begins.
