Pryor Cashman Partner Sidhardha "Sid" Kamaraju, co-chair of the Regulatory Enforcement + Securities Litigation Practice, spoke with Law360 about the increasing focus on records retention in white collar enforcement in 2023 and into the new year.
In "The 3 Biggest White-Collar Enforcement Buzzwords Of 2023," Sid comments on the benefits for companies with strong practices around retention of "ephemeral communications" when facing enforcement actions:
Companies and white collar lawyers also are seeking clarity regarding how a company's inability or failure to preserve records from messaging apps and personal cellphones might affect cooperation credit from the government.
"What we may see going forward is companies getting bonus points in the voluntary disclosure context where the DOJ announces that a mitigating factor was that the company arranged for the capture of all ephemeral communications and retention of those records," Sidhardha Kamaraju, co-chair of Pryor Cashman LLP's regulatory enforcement and securities litigation practice, said.
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Originally published by Law360
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