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June 20 | Navigating Off-Channel Communications Risks

Topic: Beyond the Inbox: Navigating Off-Channel Communications Risks

Summary: Off-channel communications are top of mind for companies given the surge of regulatory activity over the last two years that shows no sign of slowing. The SEC and CFTC have issued billions in fines since 2021 to companies for record-keeping violations stemming from the use of off-channel communications, including third-party messaging apps and text messages. In January 2024, the DOJ and FTC issued a joint statement emphasizing preservation obligations from collaboration tools and ephemeral messaging apps. Now that the DOJ’s updated Evaluation of Corporate Compliance Programs (ECCP) guidelines are over a year old, in-house compliance and litigation teams across industries are bracing for the first wave of enforcement actions.

Learning Objectives:

  • Navigating the evolving environment surrounding off-channel communications, including DOJ’s ECCP Guidelines.
  • Identify how companies are addressing the risks of third-party and ephemeral messaging apps
  • Explore tools & technologies to support proactive governance & reactive preservation of communications
  • Outline actionable steps to enhance your organization’s compliance posture

Date & Agenda: Thursday, June 20, 2024 | 11:00am – 1:00pm.

  • 11:00 AM: Welcome & Introductions
  • 11:05 AM: Presentation
  • 12:35 PM: Open Q&A
  • 1:00 PM: Conclusion

Please note: CEU’s are awarded for actual program run time.

Audience: This event is open to all compliance & ethics professionals.

Location: This is a virtual program conducted on the Zoom platform. Access link will be provided to registrants with their order confirmation.

CEU/CLE: We are happy to provide up to 1.5 credits for SHRM. This education activity has been submitted to the Compliance Certification Board (CCB)® and the GA Bar and is currently pending their review for approval of CCB CEUs (SCCE) and CLEs (GA Bar). Additionally, participants can request a participation certificate to use to self-submit for other professional development credits, including CPEs with the GA State Accountancy Board. Credits will be issued based on actual run time and attendance.


David Cohen | Partner, Records & E-Discovery Practice Leader, Reed Smith LLP

David is the chair of the Records & E-Discovery (RED) Group and a member of the Emerging Technologies group at Reed Smith. A Harvard Law graduate with more than 35 years of commercial litigation experience, David serves as e-discovery counsel and information governance counsel to some of the top companies in the world. He also represents clients in complex litigation matters, and counsels companies of all sizes on information governance and litigation readiness issues.

David currently chairs the EDRM Project Trustees and serves on the advisory board of the Georgetown Advanced eDiscovery Institute. He was involved in setting up the E-Discovery Special Masters (EDSM) program in the U.S. District Court for the Western District of Pennsylvania, has served as an EDSM in multiple cases, and has drafted and supported amendments to state and federal rules focusing on e-discovery. He has also authored numerous legal publications and is a frequent presenter at continuing legal education seminars regarding e-discovery, information governance, and artificial intelligence, including generative AI. He is the principal architect of the E-Discovery App, launched in 2020, and leads ongoing App development and innovation initiatives.

Michael Huber | Sr. Manager, Information Governance & Forensic Technology, EY

Michael is a Senior Manager in the Forensic Technology and Discovery Services practice. He has experience in information governance, legal department optimization, computer forensics, forensic data analytics, electronic evidence discovery, and evidence collection and preservation. Michael has litigation and dispute advisory services experience across multiple industries including pharmaceuticals, energy, medical technology, financial services, consumer products, and manufacturing.

His primary focus has been computer forensics, forensic data analytics, and e-discovery. He has led many computer forensic teams from small to large collections and preservation efforts on various software and hardware platforms including mobile devices and Apple devices. His international collections include work in Equatorial Guinea, Africa and Israel. He also has extensive work in the forensic data analytics field, focusing on both structured and unstructured data. His work in e-discovery has required an expert knowledge in Law PreDiscovery and Relativity, running the processing and review support for clients in China, India, Brazil, Argentina, Germany, Netherlands, and the United States.

Kymberli Shoemaker | Sr. Manager, Information Governance, EY

Kymberli is a Senior Manager in EY’s Forensic & Integrity Services practice with over 10 years of experience supporting organizations across industries design and implement information governance programs to reduce risk, control costs and demonstrate compliance. She regularly supports clients navigate complex information risks that require close coordination from diverse stakeholder groups, including IT, Records Management, Legal/Compliance, Legal Holds/eDiscovery, Privacy, Information Security, Risk and Data Governance.

Kymberli also has extensive experience operationalizing record retention, legal preservation and disposition processes across enterprise systems to comply with regulatory requirements, reduce breach and legal discovery risks, and support efficient business operations. She holds a Master of Information Management degree from the University of Maryland and is a Certified Information Privacy Manager (CIPM).