The OpenAI Trial Exposes a Brutal Truth About Workplace Texts
A 2023 text exchange between Mira Murati and Sam Altman, exposed during the ongoing Musk v. Altman trial, has gone viral—and it serves as a stark reminder for employees everywhere: anything you put in writing could one day be used against you.
The two-day conversation unfolded during Altman's high-profile ouster from OpenAI. In the messages, Altman requested a meeting with the board, while Murati—then serving as interim CEO—repeatedly indicated that leadership did not want him to return. Because Murati was coordinating with OpenAI's board in real time, switching to a phone call may not have been practical. But the episode underscores a broader lesson: in today's digital workplace, nearly everything committed to text can surface in legal proceedings—or be monitored by your employer.
What Is "Digital Hygiene" at Work?
Most employees won't face litigation on the scale of OpenAI's leadership. But in an era defined by AI tools, hybrid work, and constant digital documentation, workplace communication is more traceable than ever.
As teams exchange larger volumes of information across platforms like Slack, Teams, WhatsApp, and email, the risk of sensitive content being preserved—and later subpoenaed—grows significantly.
Peter Rahbar, a New York employment attorney and co-host of the *Across the Bar* podcast, notes that he frequently represents clients whose personal devices contain work-related content. His advice? Keep work and personal communications strictly separated.
> "Carry two phones. Confine work content to one," Rahbar says. "Even if you're using a personal device, it can become fair game in litigation if you conduct work on it."
The key factor isn't the device—it's the subject matter. "Anything potentially relevant to a case is subject to discovery," Rahbar explains. "It doesn't matter whether it's on your work laptop, personal phone, Instagram DMs, WhatsApp, or even a ChatGPT prompt."
Legal Risks Extend Beyond Work Apps
The legal exposure isn't limited to corporate messaging platforms. AI-powered notetakers increasingly joining virtual meetings often generate written transcripts and audio recordings—creating additional discoverable records.
And the risk isn't purely digital. As the trial highlighted with OpenAI President Greg Brockman, even personal journal entries can be subpoenaed and used as evidence.
Rahbar recommends deleting personal communications—texts, DMs, casual notes—at least once or twice a year. But he cautions: deleting your copy doesn't guarantee the other party has done the same.
> "That's why, for truly sensitive subjects, I still recommend in-person conversations—or, sorry, Gen Z—a phone call."
The Enduring Risk of Putting It in Writing
Switching from Slack to a personal text might feel more private, but it offers no legal protection. "People often don't learn these lessons until it's too late," Rahbar says. While most workers don't believe they're saying anything risky, few would welcome having their devices seized in a broad discovery request.
Carl Tobias, a law professor at the University of Richmond, puts it plainly:
> "We make assumptions about how we communicate. And then maybe they come back to bite us."
His advice is timeless: be careful what you put in writing—unless you're comfortable having it read aloud in a courtroom, quoted in a news article, or used in a performance review.
Quick Reference: Protecting Yourself in the Digital Workplace
🔹 **Separate devices**: Use one phone for work, another for personal life.
🔹 **Assume everything is discoverable**: Emails, texts, DMs, AI prompts, voice memos—even journals.
🔹 **Delete personal content regularly**: But remember, you can't control the recipient's copy.
🔹 **Choose the right medium**: For sensitive topics, prefer in-person or voice conversations.
🔹 **Think before you type**: If you wouldn't want it on the front page of the news, don't write it.
🔹 **Understand your employer's policies**: Many organizations monitor work accounts and devices.
🔹 **AI tools create records**: Meeting notetakers, chatbots, and transcription services often save data you can't easily erase.
In a world where digital footprints are permanent and litigation can reach into your pocket, the most powerful privacy tool remains the oldest one: discretion.