News & Analysis as of September 21, 2024

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Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

Miller Canfield on 4/22/2024

The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more

Assessing Communication Compliance: Ephemeral Messaging and Retention

Thomas Fox - Compliance Evangelist on 11/28/2023

I recently had the opportunity to visit with Alex Cotoia, Regulatory Manager, and Daniela Melendez, an Associate at The Volkov Law Group, on the importance of addressing electronic communications preservation and management...more

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on 10/12/2023

One thing you can count on — change. Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

Does Your Litigation Hold Strategy Account for Remote Workers?

Array on 8/10/2023

Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...more

DOJ’s Settlement Imposes Legal Process Compliance Monitor, Highlighting the Government’s Increased Focus on Data Preservation

Foley Hoag LLP - White Collar Law &... on 11/15/2022

Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement...more

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