DOJ’s ‘Comply With Care’ Task Force Puts Spotlight on Internal Messaging, Privilege Claims
The U.S. Department of Justice’s Antitrust Division has fired a warning shot at corporate gamesmanship, launching the “Comply With Care” task force to root out abuses in investigations that shield anticompetitive behavior. This aggressive push against auto-deleting messages and overzealous privilege claims signals a tougher era for Big Law tactics, urging companies to rethink their internal communication strategies or risk sanctions.
Announced by Assistant Attorney General Gail Slater on August 29, 2025, during a speech at Ohio State University Law School, the Comply With Care initiative targets “problematic tactics from outside lawyers and law firms” that distort merger reviews and antitrust probes. With the DOJ Antitrust Division emphasizing full disclosure in Hart-Scott-Rodino filings, this task force zeroes in on internal messaging practices and attorney-client privilege assertions that hinder enforcement, prompting corporate counsel to audit their protocols amid rising scrutiny.
Origins of the Task Force: Cracking Down on Investigation Evasion
The task force emerges from a surge in DOJ lawsuits against companies flouting merger notification rules or stonewalling probes. Slater highlighted how “a few actors—many of them at Big Law firms”—employ tactics to “circumvent legal process and hinder our investigations,” undermining fair antitrust enforcement for all.
This builds on recent enforcement actions, including suits for failing to file under the HSR Act or responding inadequately to civil investigative demands (CIDs). The Antitrust Division’s move underscores a zero-tolerance stance: Privilege abuses now justify enforcement actions and sanctions motions, with the task force poised to issue guidance and pursue decisive remedies.
Key Abuses in the Crosshairs
Slater cited real-world examples of foul play. One company faced heat for slapping a “blanket privilege” on entire document categories, blocking investigators’ access to critical evidence. Another instructed staff to loop in lawyers on every sensitive chat, pose pointless questions to trigger privilege, and dodge “antitrust buzzwords” like “market share” or “competitor.”
These maneuvers not only delay probes but erode credibility before agencies and courts—a high price in high-stakes deals. The task force will scrutinize such patterns, focusing on how they obfuscate anticompetitive effects in transactions or conduct.
Internal Messaging Under Fire: The Ephemeral App Trap
A prime target: Auto-deleting messaging apps like Signal or WhatsApp, increasingly popular in C-suites for quick, off-the-record exchanges. The DOJ views these as deliberate evidence destruction, especially when used for business discussions that could reveal collusion or dominance.
Lawyers warn that the task force’s launch should spur immediate action: Companies must limit ephemeral messaging to non-business use, preserve relevant threads, and train employees on retention policies. Three federal judges have already rebuked tech giants for similar deletions in antitrust cases, imposing fines and discovery sanctions.
Privilege Claims: Scaling Back the Shield
Attorney-client privilege, a bedrock of corporate defense, faces recalibration too. The DOJ decries “over-assertion”—claiming protection for routine emails or broad swaths of data without justification—as a barrier to transparency. Detailed privilege logs are now mandatory in many probes, demanding specifics on each withheld item to avoid “fishing expeditions” accusations.
Experts advise scaling back: Only true legal consultations qualify, not business-as-usual notes copied to counsel. Failure here invites motions to compel or worse, tainting a company’s cooperation credit in resolutions.
Expert Opinions: A Wake-Up Call for Compliance
Legal heavyweights see the task force as a pivotal shift. “This isn’t just rhetoric—it’s a blueprint for accountability,” said a Troutman Pepper partner, noting how it extends the Division’s recent HSR crackdown. Hughes Hubbard attorneys echoed: Expect more investigations into “gamesmanship,” with the task force guiding policy and enforcement.
On X, antitrust pros buzzed with reactions: One viral thread from a former DOJ official called it “long overdue,” praising Slater’s focus on Big Law’s role in shielding bad actors. Critics from the defense bar worried it chills candid internal dialogue, but most agree: Robust compliance programs—preemptively auditing messaging and privilege practices—offer the best shield.
Public sentiment leans toward tougher oversight, with posts decrying how evasion hikes merger costs for everyone. Regulatory Oversight analysts predict the task force will prioritize high-profile sectors like tech and pharma, where ephemeral apps run rampant.
Why U.S. Businesses and Lawyers Must Heed the Call: Broader Ramifications
For American executives and in-house counsel, the Comply With Care task force isn’t abstract—it’s a direct hit to deal-making and risk management. Economically, it could slow M&A velocity, as firms hesitate on filings amid fear of prolonged probes, inflating legal fees and delaying synergies in a post-inflation recovery.
Politically, it aligns with Biden-era antitrust fervor, pressuring Congress on HSR reforms and amplifying FTC coordination—key for multinationals navigating dual scrutiny. Lifestyle impacts hit knowledge workers: Expect mandatory training on “privilege hygiene” and app bans, reshaping hybrid office cultures where Slack and Teams dominate.
Technologically, it spotlights tools for compliance: AI-driven e-discovery to flag deletable messages or auto-log privileges, potentially birthing a new market for antitrust tech. Sports analogies aside, think of it as the DOJ’s “unsportsmanlike conduct” penalty—firms caught fouling face bench time via monitors or fines.
As the Comply With Care task force ramps up, its emphasis on curbing internal messaging abuses and privilege overreach promises a cleaner investigative field, fostering genuine cooperation over clever dodges. With Slater vowing “decisive action,” companies that adapt swiftly—bolstering policies and self-audits—stand to gain trust and avoid pitfalls, while laggards risk the full weight of enforcement in an era of unrelenting antitrust vigilance.
By Sam Michael
September 28, 2025
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