Crafting Effective Mobile Device Policies to Satisfy Regulatory Expectations

Government authorities expect companies to have appropriate controls over communications sent through text and messaging apps. In recent years, U.S. regulators have imposed billions of dollars in penalties on financial services firms for failing to maintain records of electronic communications in accordance with the federal securities laws. Even organizations that are not subject to specific record retention requirements may find themselves at a disadvantage if they cannot produce relevant employee communications in connection with a government investigation, noted James G. Tillen, a member of Miller & Chevalier, in a Practising Law Institute program on compliance expectations for mobile devices. This article synthesizes insights offered by Tillen and Leah Moushey, counsel at the firm, regarding government expectations around companies’ management of mobile device communications and how companies can craft and implement effective mobile device policies. See “Messaging Apps Come Under Increasing Regulatory Scrutiny” (Aug. 31, 2023).

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