Noelle K. Sheehan

Noelle K. Sheehan (Partner-Orlando, FL) authored “Proactive e-Discovery Management of Text Messages,” which appeared in the March 31, 2025, posting of the Miami Daily Business Review. Noelle notes that text messaging is an especially complex area of e-discovery. “With an estimated 23 to 27 billion texts sent daily, its role in litigation continues to grow. If an employer provides the device, all business-related communications are likely discoverable. Even on personal devices, texts likely are subject to discovery when content pertains to business activities.” She also provides essential information and best practices for mitigating related risks, and concludes, “While federal rules have evolved to promote proportionality and reduce excessive e-discovery burdens, courts continue to vary in their interpretations, leaving room for strategic maneuvering. Given the complexities of text-based communications, businesses must implement clear policies, robust retention practices, and employee training to mitigate risks.”