Internal Texts, Emails Increasingly Targeted in Lawsuits

March 13, 2023Media Mention

Agenda, a Financial Times publication, turned to litigation partner, Gregg Martin, for his perspective on lawsuits that have thrust text messages and emails of executives into the spotlight. These lawsuits have put directors under fire for their oversight of various compliance issues under their purview.


“When you’re talking about a large corporate institution with lots of employees, [there’s] just millions and millions, if not trillions, of emails passing back and forth or text messages,” he said. “How do you keep track of all that? And if somebody’s going to do something bad, like participate in the horrible activity that it appears that Epstein was involved in, how do you preempt that?”

“When you look at all the businesses that there are in just America alone, I have to believe that 99% are doing things right, and it’s that 1% that isn’t,” he said. “So, the question is: Is that a problem with how we’re doing governance, that 1%? Or is that just because no matter what system you’re choosing, you’re going to have some number of issues that are going to pop up no matter what?”