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Hayley Trahan-Liptak, Partner, K&L Gates LLP
Christopher F. Warner, Associate, K&L Gates LLP

Business communication has been slowly migrating from email to personal devices, chats, and apps, and the SEC and DOJ appear to be catching up. Enforcement actions in 2022 against financial institutions and references to electronic communication use and record keeping in the SEC’s 2023 examination priorities signal that the SEC has zeroed in on record keeping for business-related communication conducted on personal-devices and apps. Meanwhile, DOJ recently revised its standards for evaluation of corporate compliance programs to include a review of a corporation’s policy and procedures for personal device and ephemeral messaging application uses. Our speakers will discuss relevant developments at both federal agencies, assess the current and future legal exposure for regulated entities, and suggest practices and procedures that can improve compliance and minimize risk.