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Electronically Stored Information Foreign Corrupt Practices Act (FCPA)

Vinson & Elkins LLP

Updated DOJ Guidance on Devices and Ephemeral Messaging

Vinson & Elkins LLP on

On March 3, 2023, the Department of Justice (“DOJ”) issued long-awaited guidelines on how it will evaluate whether companies have implemented appropriate guidance and controls on the use of personal devices and third-party...more

BakerHostetler

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

BakerHostetler on

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more

Morrison & Foerster LLP

Preserving Data from Personal Devices and Third-Party Messaging Platforms – What Should Companies Do?

Morrison & Foerster LLP on

Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more

McGuireWoods LLP

DOJ’s Public Struggles with Electronic Evidence Underscore the Need for Counsel to Demand Discovery Early and Often

McGuireWoods LLP on

DOJ’s dismissal last week of a Foreign Corrupt Practices Act case in Boston is the latest in a string of bad outcomes for the government due to discovery mishaps. While the government works to revise its discovery policies...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Sheppard Mullin Richter & Hampton LLP

Foreign Companies: Does the U.S. Government Now Have Access to Your Overseas Data?

The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more

Epiq

Cross-Border Data: Managing the Risks

Epiq on

Focus on four areas to mitigate the danger of data transfer across borders - Cross-border data transfers are not only frequent, but often crucial components of everyday business. Today’s patterns of global data flow would...more

Epiq

Legal Trends and Challenges in Asia

Epiq on

For many legal practitioners, Asia remains a legal challenge, “whether it’s the different data sources, the lack of familiarity with case law or an understanding of the legal landscape in different countries, from Hong Kong...more

Bass, Berry & Sims PLC

Privacy Perils: Now You See Me ...

In the ongoing and contentious litigation between Uber and Google's autonomous (self-driving) vehicle unit (Waymo v. Uber), allegations have arisen that one party has hidden relevant information, in part by use of...more

The Volkov Law Group

E-Mail Communications: The Devil is on the Server

The Volkov Law Group on

It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more

WilmerHale

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

WilmerHale on

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

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