Business Texts on Personal Phones: The growing compliance and litigation risk and what to do about it

Shari A. Brandt
David Massey
Rachel Mechanic
Margaret Meyers
Daniel C. Zinman
Shari A. Brandt | Perkins Coie LLP
David Massey | Perkins Coie LLP
Rachel Mechanic | Perkins Coie LLP
Margaret Meyers | Perkins Coie LLP
Daniel C. Zinman | Perkins Coie LLP

On-Demand: July 13, 2021

Business Texts on Personal Phones: The growing compliance and litigation risk and what to do about it
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Program Summary

Employees’ use of unapproved messaging platforms for business-related communications – and their employer’s failure to monitor and preserve such communications, even if inadvertent- may cause employers to fail to preserve relevant documents, and also cause them provide incomplete responses to subpoenas, requests for information issued by prosecutors, enforcement staff or private civil parties. Discussion of the risks and what to do about them.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Employer’s failure to monitor and preserve communications
  • Employers to fail to preserve relevant documents
  • Subpoenas, requests for information issued by prosecutors
  • Enforcement staff or private civil parties

Date / Time: July 13, 2021

  • 12:00 pm – 1:00 pm Eastern
  • 11:00 am – 12:00 pm Central
  • 10:00 am – 11:00 am Mountain
  • 9:00 am – 10:00 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Shari A. Brandt_Perkins Coie LLP_myLawCLEShari A. Brandt | Perkins Coie LLP

Shari A. Brandt’s experience includes more than 20 years representing institutions and individuals in high-stakes matters including white collar criminal and regulatory proceedings, internal investigations, and complex commercial civil litigation. She regularly handles matters that proceed simultaneously in regulatory, white collar defense, and civil litigation forums, including defending institutions in class action proceedings.

Shari represents clients in civil litigation at the federal and state level, arbitrations, and mediations, as well as defending against investigations by the Commodity Futures Trading Commission (CFTC), U.S. Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), U.S. attorney’s offices, U.S. Department of Justice, state attorneys general offices, and other governmental and self-regulatory bodies.

Recognized in Legal 500 and Chambers USA, Shari was described by clients as “very client service oriented,” “extremely smart, experienced, hardworking and thorough,” noting as well that she “does a great job with really complex cases.”

David Massey_Perkins Coie LLP_myLawCLEDavid Massey | Perkins Coie LLP

David Massey is a former prosecutor in the U.S. Attorney’s Office for the Southern District of New York who leads global companies, board committees, and senior executives through high-profile cross-border investigations, criminal prosecutions, and civil litigation.

David has obtained favorable results for clients in a broad range of cases. He negotiated the first corporate deferred prosecution agreement in the U.S. Department of Justice’s (DOJ) FIFA investigation, and he has represented dozens of subjects, targets, defendants, witnesses, and victims in government investigations. These include matters relating to alleged accounting fraud, foreign and domestic corruption, economic sanctions, money laundering, bank fraud, bankruptcy fraud, wire fraud, insider trading and other securities fraud, tax fraud, and related civil litigation.

As a federal prosecutor, David focused on complex cross-border fraud cases as a member of the SDNY’s Securities and Commodities Task Force. He tried 12 cases, argued 10 appeals before the U.S. Court of Appeals for the Second Circuit, and secured the first-ever indictment and guilty plea of a non-U.S. bank for tax fraud.

David has been recognized by Chambers USA, The Legal 500, Global Investigations Review, Best Lawyers in America, and the National Law Journal in white collar defense. Chambers USA praised David as a “super talented lawyer” with “skill in seeing the overall strategy and seeing long-term where things are going.”

Rachel Mechanic_Perkins Coie LLP_myLawCLERachel Mechanic | Perkins Coie LLP

Rachel Mechanic represents and advises institutional and individual clients in complex civil litigations at the federal and state level. She also defends clients in investigations by the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), U.S. Commodity Futures Trading Commission (CFTC), and the Financial Industry Regulatory Authority (FINRA), among numerous other governmental and regulatory bodies.

In her prior position as assistant general counsel at J.P. Morgan Chase, Rachel was responsible for overseeing government and internal investigations and regulatory enforcement matters, as well as conducting internal reviews on behalf of the firm.

Margaret Meyers_Perkins Coie LLP_myLawCLEMargaret Meyers | Perkins Coie LLP

Margaret Meyers maintains a broad litigation practice representing companies, board committees, senior executives, and other individuals in civil litigations, government and internal investigations, regulatory proceedings, and white collar criminal matters. She advises and defends clients in complex matters that proceed simultaneously in different forums.

Margaret has represented clients in state and federal court, as well as in investigations conducted by the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Federal Reserve Bank, Financial Industry Regulatory Authority (FINRA), and the New York Attorney General’s Office (NYAG).

Margaret is a member of the Federal Bar Council Inn of Court and the Women’s White Collar Defense Association. She has been recommended by The Legal 500 United States in the area of General Commercial Disputes and named a Woman to Watch by Diversity Journal.

Daniel C. Zinman_Perkins Coie LLP_myLawCLEDaniel C. Zinman | Perkins Coie LLP

Daniel C. Zinman has more than 25 years of experience representing institutions and individuals in securities enforcement proceedings, white collar criminal matters, complex commercial litigations, and internal investigations. He also represents law firms and attorneys in professional liability disputes, and board committees and board members in investigations and litigations.

Dan’s clients include investment banks, hedge funds, broker dealers, private equity firms, investment advisers, corporate officers and directors, law firms and lawyers, and other professionals. He often represents them in simultaneous parallel proceedings involving civil litigations, arbitrations, and mediations, as well as in investigations and matters before the U.S. Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Financial Industry Regulatory Authority, Inc. (FINRA), the U.S. Department of Justice (DOJ), state attorneys general offices, and other governmental and self-regulatory bodies.

Dan has served as the court-appointed receiver, and as lead counsel to the court-appointed receiver, in multiple matters.

Dan has been recognized by The Legal 500 for his business and securities litigation work, as well as for his white collar criminal defense experience. He has also been named a local litigation star by Benchmark Litigation.

Active in his local community, Dan has served as a volunteer for many community-based youth organizations. He also taught legal writing for several years at Fordham Law School.

Agenda

A. Risks to firms and employees posed by employees’ use of personal devices for business-related communications | 12:00pm – 12:10pm
B. Regulatory obligations for financial companies | 12:10pm – 12:25pm
C. Challenges and considerations for civil litigation | 12:25pm – 12:37pm
D. Fifth Amendment implications | 12:37pm – 12:45pm
E. Recommendations for navigating these challenges | 12:45pm – 1:00pm