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

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.

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 | Crowell & Moring LLP

Halie Kaplan is an associate in Crowell & Moring’s E-Discovery group with 20 years of experience handling complex discovery processes across a broad spectrum of practice areas including complex commercial litigations, white-collar regulatory and enforcement investigations, as well as employment, insurance, and healthcare matters. Her experience spans all phases of discovery, from overseeing document review projects of varying scales to assisting with document collections, formulating discovery strategies, and preparing case teams for depositions.

Halie is adept at conducting meet and confers and provides invaluable counsel to clients and case teams on their discovery needs. She is sought out for her proficiency in managing and streamlining discovery through the use of advanced technology, particularly in mobile data reviews.

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