Health care and life science companies operating globally should be aware of the increased regulatory scrutiny in the U.S., the UK and Asia-Pacific when considering their obligations to monitor and retain business communications conducted through messaging platforms on employees’ personal devices. It is vital for these companies review the effectiveness of their compliance policies and procedures to monitor and preserve business communications and ensure that employees are properly disciplined when such policies are violated.
In a recent client alert, authored by Calvin Chan, Michael J. Lowell, Rizwan A. Qureshi, Mark E. Bini, Daniel H. Ahn, Jonathan L. Marcus, Rosanne Kay, Steven Li, Ruiteng Liu, Min Jian Chan, and Stefanie Dai, the team looks at the DOJ’s updated criminal enforcement program, the SEC and CFTC’s nearly $2 billion fines imposed on companies failing to monitor and retain business communications on messaging platforms, plus regulator activity in the UK and Asia-Pacific region in relation to this topic.