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Given how indispensable text and chat apps have become in our personal lives, it should come as no surprise that they have begun to infiltrate day-to-day communications in corporate America as well. While it is unlikely that texts will supplant email as the primary business communications vehicle in the near future, work-related texting is only going to increase, particularly among the newest entrants to the workforce, who value the immediacy and informality of the medium. For litigators, this presents a variety of e-discovery challenges, from complying with preservation obligations, to adapting search techniques to emoji- and abbreviation-laden messages, to efficiently reviewing and producing mobile content. Fortunately, in these still-early days of mobile discovery, we can begin to glean some best practices to help parties safely and effectively navigate the discovery lifecycle.

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