Text Message Collection and Production in Discovery

DESCRIPTION: Text messages now show up as key evidence in many disputes, yet they are harder to handle than email. Texts are not stored on a central server or held by the carrier. They usually live on individual phones and backups, and many employees use personal devices for work. This CLE explains how to manage that evidence from the start of a matter through production. The program covers how to preserve and collect texts, including when forensic collection makes sense and why screenshots and self-collection fall short. It addresses what to produce and how to limit the risks of over-producing private data. The program also covers what to do when texts are lost or a phone is locked, including how recreated texts can be admitted as duplicates. It closes with policies for company and personal devices, including mobile device management tools, and how regulators such as the DOJ and SEC treat missing or unpreserved business texts. Attendees will also learn about what in-house and outside counsel can do to avoid sanctions and other consequences. For accreditation information, check your Bar website or our list: https://www.clecast.net/accreditation. You will watch a video, be provided materials, and then fill out a certificate of completion should your state require that. Access to this CLE is available for 365 days following your purchase.