News & Events

David Caldwell was quoted in an Anti-Corruption Report article titled, “Google’s DOJ Legal Process Settlement Shows Increased Focus on Data Preservation.” The article detailed the Department of Justice’s increasing focus on data preservation, and the implications of Google’s agreement to improve its legal process compliance program, which ended a long dispute over compliance with a search warrant issued in conjunction with a criminal investigation of a third party. David noted that the “DOJ appears to be signaling that preserving data responsive to legal process…is a priority.” He explained how the agreement may be an extension of an emerging trend in which regulators are focused on data preservation. With reference to Google’s agreement to appoint an independent compliance professional for three years, David added that while the concept of a professional focused on data preservation efforts may seem unusual, compliance practitioners will find familiar recommendations in the DOJ’s expectations for Google’s compliance enhancements rooted in prior DOJ guidance. He additionally noted that the DOJ’s expectations when evaluating the effectiveness of a company’s compliance program differ company to company, depending in part on the risks a company faces.

To read the full article, please click here (subscription required).