Texting Troubles: Tackling the Mounting Legal and Compliance Risks of Business Communication on Personal Devices (2025 Edition)

Ken Koch | BDO USA, P.C.

Ken is the Market Leader for BDO’s Forensic Practice in Washington D.C. He has over 25 years of experience in both the U.S. Government and private industry. He has extensive Forensic experience with government and internal investigations, regulatory matters, litigation, and compliance supporting in-house, and outside counsel in the defense of their clients. Ken consults to attorneys on critical evidentiary matters including Electronically Stored Information (ESI), where it may exist within the client enterprise, and third-party communications channels.

Ken serves as a testifying witness for highly technical issues including the identification, collection, processing, review, and production of ESI. Additionally, Ken testifies on behalf of clients to explain their information technology systems, communications of employees, and root causes of issues in production of ESI to requesting parties.

Ken also serves as an independent consultant for regulatory investigations and orders as a result of enforcement actions. Ken is a Certified Fraud Examiner and joined BDO in 2024 after serving his clients for 21 years at a big four firm, and 10 years on active duty in the USAF where he conducted criminal and counterintelligence investigations as a Special Agent in the Air Force Office of Special Investigations.

I. Risks to firms and employees posed by employees’ use of personal devices for business-related communications | 2:00pm – 2:40pm

• Employer’s failure to monitor and preserve communications
• Liability for employees
• When employers fail to preserve relevant documents
• Reputational damage
• Data Security risks
• Recordkeeping violations

II. Examples of off-channel communications | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Department of Justice guidance regarding corporate cooperation | 3:10pm – 3:25pm

• Subpoenas, requests for information issued by prosecutors

IV. Challenges and considerations for civil litigation | 3:25pm – 3:40pm

• Enforcement staff or private civil parties

V. Analysis of recent case studies and enforcement actions related to communication on personal devices | 3:40pm – 3:50pm

VI. Discussion of emerging trends and developments in data security | 3:50pm – 4:00pm

VII. Reducing security risks and preventing data breaches | 4:00pm – 4:10pm