Tagged: duty to preserve

Electronic Communications Risks — Asking the Critical Questions? (Part I of III)

Electronic Communications Risks — Asking the Critical Questions? (Part I of III)

Honestly, I have been avoiding this topic since it presents a real morass of risks and potential traps for the unwary company and Chief Compliance and Chief Legal Officers.  When I first examined the issue, I understood DOJ’s frustration.  If bad actors can escape detection and subsequent punishment (internal or external) by using ephemeral messaging applications to delete illegal or improper communications, companies should simply...