1-Hour Program

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In recent years, the Department of Justice (DOJ) has issued various policy statements and guidance emphasizing that a company’s ability to produce data from employees’ personal devices and third-party applications, especially those with end-to-end encryption or features that automatically delete communications like WeChat and WhatsApp, is critical in assessing the company’s level of cooperation and the effectiveness of its compliance program. A company’s level of cooperation and DOJ’s assessment of the effectiveness of its compliance program can significantly impact whether a company is criminally prosecuted at all, as well as the outcome of any such resolution. As a result, companies should (1) assess how such apps/devices are actually being used by employees, and (2) implement tailored controls to ensure that such communications are appropriately preserved and accessible. There is not a one-size-fits-all solution, and developing appropriate controls requires thoughtful collaboration among legal, business, IT, and other functions. 

Please join faculty as they discuss:

  • U.S. enforcement authorities’ expectations regarding the preservation and use of mobile device data, including off-channel communications (15 minutes)
  • How to assess company risk related to mobile device data (5 minutes)
  • Approaches for designing and implementing a policy governing use of mobile devices and messaging apps for work-related communications (20 minutes)
  • Practical solutions for accessing and using mobile device data for compliance purposes, including investigations (10 minutes)
  • Challenges and potential missteps to avoid (10 minutes)

Who Should Attend: In-house counsel, compliance professionals, IT professionals

Program Level: Overview

Prerequisites: An interest in compliance program design or investigations

Advanced Preparation: None


James G. Tillen

Miller & Chevalier Chartered

Leah Moushey

Miller & Chevalier Chartered

Credit Details

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