Laying the groundwork for the main conference that follows, this highly anticipated workshop will delve into the enduring challenge of satisfying the compliance requirements for ephemeral communications. Through a step-by-step review of recent DOJ Guidance, key settlements and compliance lessons learned, you will benefit from actionable takeaways for strengthening internal policies, controls, employee awareness, record storage and preservation-and more.

Topics will include:

• Level-setting: Defining the dilemma with employee personal devices being used for bona fide work purposes
• Recent developments in DOJ guidance and expectations: Have the goal posts moved?
• The lesser-known issues relating to personal devices, unsanctioned communication platforms, and ephemeral messages
• Relevant enforcement actions and settlements-and their broader lessons
• Strengthening corporate compliance policies, employee monitoring and internal controls
• How to address challenges with implementation of corporate policies
• What to do when employees refuse to adhere to corporate policies
• When you can ask for employees’ personal devices for review-and when you can’t
• Deciding whether or not to terminate an employee who refuses to cooperate-and the associated legal risks
• Litigation costs and challenges in the context of privacy and message retrieval
• Revisiting your policy amid the interplay of GDPR risks
• Implementing an e-discovery program relating to messaging apps
• Retaining counsel for the employee: Determining your obligations as an employer
• What can help to yield cooperation credit—and what has fallen short