Texts And Message Apps Are Changing Internal Investigations

By Jessica Nall and Claire Johnson (August 10, 2017, 12:51 PM EDT) -- It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most important written communications (especially between high-level executives) are more likely to be found in a place that most outside counsel have for years either ignored altogether or have considered untouchable — cellphone text messages. Though text messaging may be the most ubiquitous form of nonemail communication, other mobile communication platforms are also in frequent use in corporate America, including Telegram, Signal, Snapchat, Slack, WhatsApp and the like. The reverberations of this trend of executives and employees at all levels taking sensitive communications off email are being felt across industries, but particularly in highly regulated industries required to preserve business records. The near-universal use of these alternative forms of communication should prompt a major shift in how evidence is gathered and considered in internal corporate investigations....

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