Ephemeral Messaging: WHAT WOULD YOU DO IF? Hypothetical Scenarios- Ephemeral Messaging and Encrypted Applications: How Companies and Financial Institutions Are Resolving High Stakes Compliance Dilemmas

June 12, 2024 10:00am

Kimberly Parker
Partner
Wilmerhale

Paul J. Nathanson
Partner
Davis Polk & Wardwell LLP

Elizabeth M.P. McKee
General Counsel
Static Control Components, Inc

Building on the pre-conference workshop, this practical, interactive session will delve into the most complex, vexing grey areas and how to address them. Through a series of hypothetical scenarios and anonymous audience polling, participants will be able to compare notes and see how current compliance practices measure up. Topics during this invaluable benchmarking session will include:

  • Navigating the grey areas of the DOJ’s recent advisory concerning the risks associated with employing ephemeral messaging for corporate communications
    • Managing the retention of business records
    • Implementing concrete auditing measures to prevent message preservation
  • Addressing the preservation of third-party messaging
  • Capturing communications on platforms lacking seamless integration with record-keeping systems
  • How to know if your policies meet DOJ expectations: Practical strategies for when and how to revisit corporate policies
  • Special considerations for voluntary disclosures, remedial measures and cooperation credit