Once a niche form of communication, often used only by family and friends, text messaging has become mainstream. Clients generate virtual reams of text message text message data when they message with business partners, vendors, employees, and the public. This is a rich vein of electronically stored information that is potentially discoverable in formal litigation or pre-litigation. Because texting is so convenient, casual and almost reflexive, the caution clients exercise in other forms of communication are often disregarded when texting, including when they text with their lawyers. The risks of texting messaging are everywhere and substantial. This program will provide you with a real-world guide to obtaining text messages, the risks of discovery in litigation, and related issues.
Handout Materials will be emailed to you prior to the seminar
1.0 MCLE Credit Hours
• Obtaining text messages – working with mobile carriers
• Timing – how long are texts kept and in what form?
• Discovery issues – obtaining texts from parties or other sources
• Issues related to encrypted messaging services
• How strategies differ for plaintiffs and defendants
Stanley E. Woodward Jr., Akin Gump, LLP – Washington, D.C.