On March 8, 2019, the United States Department of Justice (the DOJ) announced a key revision to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy) regarding employees’ use of ephemeral messaging platforms. The original Policy required companies to prohibit employees’ use of such messaging platforms in order to receive full cooperation credit and demonstrate adequate remediation. The revised Policy permits such communications, so long as proper guidance and controls are put in place to ensure the appropriate retention of business records. This reflects the DOJ’s recognition that its prior position did not comport with modern business realities. Our team describes the updated Policy and what companies now need to mindful of in our recent alert.
