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June 21, 2023

Ephemeral Messaging, Tangible Costs: The DOJ, SEC, and CFTC Crackdown on Off-Channel Communications

During the past year, the SEC and CFTC imposed nearly $2 billion in penalties on financial institutions predicated on the allegedly impermissible use of ephemeral messaging—including WhatsApp, Signal, and Telegram—and other “off-channel” communications.  Recent developments now reveal that this may be the first wave in a tsunami of investigations extending to any registered company.  The Justice Department is now signaling that it will extend beyond even that broad spectrum to target ephemeral messaging by employees of non-registrants.  In this one-hour Lexology Masterclass webinar, partners Bill Stellmach, Andrew English, and Sean Sandoloski from Willkie’s Investigations and Enforcement Group discuss the emerging risks associated with the Government’s novel—and costly—legal theories, as well as best practices an organization can employ in mitigating such risks.

Speakers: Bill Stellmach, Andrew English, and Sean Sandoloski

Download the presentation materials here.

This course is approved for credit in the following states:

NY 1.0 Professional Practice CLE credit (Transitional)

CA 1.0 General – Participatory MCLE credit

IL 1.0 General MCLE credit

TX 1.0 Accredited General MCLE credit

For CLE credit in New York, Texas, Illinois or California, complete this form and submit it here.  For CLE credit in any other state, contact us.

 

Ephemeral Messaging, Tangible Costs: The DOJ, SEC, and CFTC Crackdown on Off-Channel Communications