Text, Chat, and Compliance: Best Practices for Business Communications and Legal Discovery

John E. Davis
John E. Davis
Crowell & Moring LLP

John Davis is co-chair of Crowell & Moring’s E-Discovery group and a member of the Litigation, Privacy and Cybersecurity and Investigations practice groups.

Halie E. Kaplan
Halie E. Kaplan
Crowell & Moring LLP

Halie’s practice focuses on electronic discovery and information management in a wide range of practice areas, including banking and securities, antitrust, commercial litigation & regulatory defense.

Live Video-Broadcast: February 13, 2025

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2 hour CLE
Tuition: $195.00
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Program Summary

This program will focus on managing the discovery of text and chat messages sent via personal and third-party messaging platforms, including the growing use of ephemeral messaging tools. We will discuss key considerations in preserving and discovering such data for litigation and investigations, including recent regulatory and caselaw updates, risks and challenges in overseeing such inquiries, and best practices for discovery, corporate compliance and planning. Given the DOJ, SEC and other agencies’ heightened scrutiny on message retention and control, the implications on cooperation credit and the increased risk of sanctions, this program will help legal and compliance professionals understand how to defensibly and efficiently manage these communications and inquiry responses.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Rise in remote work and the use of text and ephemeral messages, personal devices, and third-party messaging platforms for business
  • Discoverability and preservation of personal and corporate device messaging
  • Updates to DOJ, SEC and other regulatory agency and caselaw guidance
  • Compliance and litigation readiness strategies for corporate messaging and device use policies
  • Best practices for discovery and challenges in managing mobile data reviews

Date / Time: February 13, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

John E. Davis_FedBarJohn E. Davis | Crowell & Moring LLP

John Davis is co-chair of Crowell & Moring’s E-Discovery group and a member of the Litigation, Privacy and Cybersecurity and Investigations practice groups.

John has extensive experience in-house and as outside counsel representing companies in complex investigations and litigations and advising clients on information law issues—including discovery, data privacy, cross-border transfers, analytics, cybersecurity, information governance, and emergent technology.

He leads responses to U.S. and foreign governmental inquiries; conducts international investigations of fraud and abuse, trade secrets theft, Foreign Corrupt Practices Act violations, and security incidents; and counsels’ companies on compliant practices in a broad range of disciplines. John is an award-winning author and frequent lecturer on investigations, privacy, and information law.

 

Halie E. Kaplan_FedBarHalie E. Kaplan | Crowell & Moring LLP

Halie Kaplan is a discovery attorney in the E-Discovery and Information Management Practice in Crowell & Moring’s New York office.

Halie’s practice focuses on electronic discovery and information management in a wide range of practice areas, including banking and securities, antitrust, commercial litigation & regulatory defense. She has experience in all phases of discovery, including document collections, formulating discovery strategy, first and second level review, quality control, privilege review, and privilege logs.

Halie also has experience with the use of technology to efficiently manage and streamline discovery. Halie has assisted in all phases of discovery for a commercial litigation practice and transactional antitrust matters on behalf of major financial institutions, a global insurance group, and cable companies in their response to inquiries and investigations by various government and industry regulatory agencies, including global regulatory agencies and internal investigations.

Prior to joining Crowell & Moring, Halie worked for a boutique law firm specializing in commercial litigation and real estate law. She also previously was in private practice at an AmLaw 200 firm for over 12 years focusing on E-Discovery issues.

Halie’s pro bono practice includes assisting the New York Legal Assistance Group with its representation of individuals with disabilities to have access to the public benefits they are © 2025 Crowell & Moring LLP. All Rights Reserved. 2 entitled to.

Agenda

I. Rise in remote work and the use of text and ephemeral messages, personal devices, and third-party messaging platforms for business | 1:00pm – 1:25pm

II. Discoverability and preservation of personal and corporate device messaging | 1:25pm – 1:50pm

III. Updates to DOJ, SEC and other regulatory agency and caselaw guidance | 1:50pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Compliance and litigation readiness strategies for corporate messaging and device use policies | 2:10pm – 2:30pm

V. Best practices for discovery and challenges in managing mobile data reviews | 2:30pm – 3:10pm

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