Texting is the new email dilemma. When email first emerged as a common method of business communication, regulators demanded that firms monitor and retain emails as part of their supervisory responsibilities and, in response, firms developed policies and protocols governing email usage. Naturally, emails had a significant impact on litigation and regulatory proceedings and, more specifically, made both processes more costly and time consuming. As a result, many firms prohibited employees from using email altogether. Over time, however, email became too ingrained in the culture of American business, forcing firms to accommodate the demand for instant communication while also satisfying their regulatory and legal responsibilities.
Initially, firms struggled to implement email systems that were satisfactory from both business and regulatory perspectives. Over time, however, tools emerged to help firms develop email platforms solid enough to satisfy regulators, nimble enough to ensure user friendliness, and sophisticated enough to reduce the burden of producing emails during discovery.
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