Bobby Malhotra Discusses Communication Retention Policies with Law360

Winston & Strawn Partner Bobby Malhotra discussed the dispute over Google’s 24-hour online chat retention policy, and what companies can learn from the dispute to avoid penalties and sanctions with Law360. 

Bobby said that when companies are executing their retention policies, they need to know which platforms employees are using to communicate about business, so those records can be correctly preserved. He continued by stating that depending on the industry, companies might want to consider implementing a policy that prohibits substantive information from being exchanged over certain messaging platforms.

“The other thing to consider is whether organizations should roll out a compliance and testing program to monitor and understand the types and nature of communications being exchanged in these applications to be ahead of the process, and really having a finger on the pulse in terms of what type of data is actually being generated,” he said.

Bobby also noted that companies should be consistent with their retention policies. “If you have a clear records retention policy, the guidance should be: Follow it in a consistent manner, rather than have a bunch of carve-outs,” he said.

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