Insights
Publications

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

7/11/2017 Blog

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most important written communications (especially between high-level executives), are now to be found in a place that most lawyers at the senior level have for years either ignored altogether or for some reason considered untouchable – cell phone text messages. The New York Times recently reported on the implications of this trend—which is hardly new— of executives at all levels taking sensitive communications off e-mail. See As Elites Switch to Texting, Watchdogs Fear Loss of Transparency.

The same potential loss of key communications from “the record” are present in internal corporate investigations where texts are left out of the investigation plan. If text messages and other forms of messaging are not fully considered, an internal investigation result may be at best incomplete or at worst incorrect. The worst mistake is when investigators assume that if communications are not found in corporate e-mail that they did not occur, and draw inferences based on that assumption. But text messages can be difficult to collect from individuals, and, due to a patchwork of inconsistent corporate policies regarding their preservation and use, may present privacy considerations on behalf of the individuals who are texting. Those difficulties begin to make it more understandable why most internal investigators would prefer to ignore their existence altogether and simply rely on easily attainable, and searchable, corporate e-mail.

Read the full blog post: Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

Firm Highlights

News

Eight Farella Braun + Martel Lawyers Listed in Best Lawyers: Ones to Watch 2021

SAN FRANCISCO/ST. HELENA, CA, August 20, 2020: Eight Farella Braun + Martel lawyers were listed in the inaugural Best Lawyers: Ones to Watch . This recognition is awarded to attorneys who are earlier in...

Read More
News

Farella Braun + Martel Elevates Five to Partner

Read More
Publication

Going it Alone: How to Manage Cybercrime Response With Less Government Help

By: Jessica K. Nall, Chair, White Collar Defense and Corporate Investigations practice and Aviva J. Gilbert, Senior Associate, White Collar Defense and Corporate Investigations practice, Farella Braun + Martel [1] Several years ago when...

Read More
Publication

Jurors, Justice and Technology

Douglas Young, Farella partner and president of the American College of Trial Lawyers, spoke with podcast host Howard Miller about requirements in jury selection and technology for jury and non-jury trials. Listen to the...

Read More
Publication

FCC Designates Huawei as National Security Threat

In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, the U.S. has dealt another major blow. The Federal Communications Commission issued an order on June 30, effective immediately, declaring that...

Read More
News

Farella’s Aviva Gilbert Honored With WWCDA Catherine M. O’Neil Mentoring Award

SAN FRANCISCO, November 19, 2020: Northern California legal powerhouse Farella Braun + Martel is pleased to announce that Aviva J. Gilbert will be honored by the Women's White Collar Defense Association (WWCDA) with its Catherine...

Read More
News

52 Farella Braun + Martel Attorneys Listed in The Best Lawyers in America© 2021

Read More
News

TikTok Sues Over Trump Order, Calls President’s Decision Political

Janice Reicher, co-chair of Farella's White Collar Defense and Internal Corporate Investigations Group, commented in the Daily Journal article, "TikTok Sues Over Trump Order, Calls President’s Decision Political."

Read More
News

Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

SAN FRANCISCO, November 5, 2020: Farella Braun + Martel earned national and regional rankings across a number of practice areas in the U.S. News & World Report and Best Lawyers® release of the “Best...

Read More
Publication

Recommended Practices for Conducting Internal Investigations

William Keane served as the chair of the American College of Trial Lawyers’ Federal Criminal Procedure Committee, which drafted the white paper “ Recommended Practices for Conducting Internal Investigations ” published by the ACTL...

Read More