Every litigator knows that email is discoverable, and that it can be dangerous because of a tendency to be less formal in email writing. And litigators are increasingly aware that instant messages are often archived and are likely discoverable, especially where they are used in the ordinary course of business. There is also an interesting question as to whether document retention policies should require that instant messages be archived and retained, but that is difficult issue for a separate post. But many litigators are unaware of the latest frontier in internet communications — Twitter posts, or tweets. Tweets are posts of no more than 140 characters that the user shares with, except in some limited cases, anyone who wishes to see them. And Lawyers USA has an interesting news brief (click here to read it) arguing that they are discoverable. So, the question for litigants and potential litigants is what to do about it. The answer to that question is very fact specific, but as a starting point you should be aware that tweets may be discoverable and corporations should make their employees, particularly those that tweet at the direction of the company, aware that their tweets may become part of future litigations.