Further to our recent report: “DOJ/FTC Reminder: Document Production Includes Ephemeral Messages,” in this new client alert: “DOJ and FTC Update Guidance on Preservation Obligations regarding Ephemeral Messages - What Steps Should You Be Taking?,” White & Case advises companies to develop or update a risk-based policy governing employees’ use of off-network messaging applications and to undertake other enumerated actions to control and preserve relevant communications to mitigate their enforcement risk.
See our prior relevant reports: “DOJ Announces Factors Relevant to Corporate Compliance Program Evaluation” and “Ephemeral Messaging Policies: What to Do Now.”
This post first appeared in the weekly Society Alert!