News & Analysis as of

Record Preservation Government Investigations

Alston & Bird

Preservation Obligations for Ephemeral Messaging Will Not Disappear

Alston & Bird on

As companies expand communications technologies, federal antitrust agencies expand their enforcement efforts. Our White Collar, Government & Internal Investigations and Antitrust Teams reveal the latest guidance from the...more

Nelson Mullins Riley & Scarborough LLP

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more

Bilzin Sumberg

SEC Probes Recordkeeping Lapses Arising from Use of Personal Emails and Messaging

Bilzin Sumberg on

In the last few weeks, several major U.S. financial institutions have disclosed to investors that the United States Securities and Exchange Commission (“SEC”) and/or the Commodities Future Trading Commission (“CFTC”) are...more

Morgan Lewis

Dawn Raid Golden Rules

Morgan Lewis on

Don’t obstruct: Be professional and cooperative. Don’t destroy documents or other evidence. Call counsel immediately to protect your rights. Keep a record of what is searched, what is taken, who was involved in...more

Baker Donelson

Recent Court Decision Shows Best Way to Handle Civil Investigative Demands

Baker Donelson on

The United States Department of Justice (DOJ) is authorized by the False Claims Act (FCA) to issue Civil Investigative Demands, commonly known as CIDs. 31 U.S.C. § 3733. The DOJ has made increasing use of CIDs to obtain...more

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