It seems like any law suit is possible these days...
You'd think in order to be liable, they would have to prove the company knew their employee was driving and they continued to text back and forth... Who knows?
Also...
I'm not sure if using voice recognition to text would be considered the same...
It doesn't seem to be much different from conversing with a passenger in the vehicle which is also a distraction of course.
It seems like companies might want to consider adding a no texting while driving rule to their company handbook.
PS- One thing I don't think would be very nice would be to be a passenger in a moving vehicle and not able to text because of an app.