Retaining Business Records in an Era of Disappearing Messaging Apps

Deep within the DOJ FCPA Corporate Enforcement Policy lies a condition for cooperation credit that can be very challenging to meet: to receive full credit companies must not only appropriately retain business records but also prohibit their destruction, even if those records are produced by disappearing messaging apps like WhatsApp and WeChat. How companies can meet this requirement when the use of such apps is becoming more common and more attractive to businesses was the subject of a recent webinar hosted by the Anti-Corruption Report featuring James Koukios of MoFo and Jennifer Joyce of EY. See our three-part series on the DOJ’s FCPA Corporate Enforcement Policy: “What’s New and What’s Not” (Jan. 10, 2018); “How Important Is the Presumption of Declination?” (Jan. 24, 2018); and “Cooperation and Compliance Expectations” (Feb. 7, 2018).

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