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Should instant messages be on your radar screen for legal holds, review and production? Email, until recently, often would be the only communication considered for preservation and use in litigation and investigations. Not so anymore. Text and instant messaging have become both ubiquitous and an increasingly important form of evidence. Although various types of text and instant messaging have been around for some time, the explosion in the use of portable devices — particularly smart phones — has propelled an increasing use of text and instant messaging for both personal and work-related communications.