Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinFeaturesInformation Governance and ComplianceRegulationSecurities LitigationWhite Collar Crime

The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps

By Jonathan B. New, Patrick T. Campbell, James A. Sherer and Luke E. Record
July 01, 2023

Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps ― in particular, but not only, ephemeral apps where messages automatically disappear ― as employees continue to conduct business on multiple platforms and concurrent channels of communication. The Department of Justice (DOJ) recently issued its most comprehensive guidance to date on its expectations that companies preserve all business communications conducted on personal devices and messaging apps. And the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) continue to aggressively enforce their recordkeeping rules against regulated entities that do not properly preserve their electronic business communications. Notably, while the SEC and CFTC have been focused on regulated entities, the DOJ's guidance applies to all businesses.

This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.