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Employers should ensure that they maintain and consistently update policies and compliance procedures regarding record retention and the use of personal devices as regulators and prosecutors continue to focus on off-channel communications.
In addition to agreeing to pay the fines, the firms committed to improving their compliance mechanisms to prevent such violations in the future. Even if company policies forbade such off-channel communications, the firms were nevertheless culpable for “failing to reasonably supervise with a view to preventing and detecting those violations.”
Both increased regulatory scrutiny over AI use and record-breaking whistleblower activity has set the stage for an escalation of AI whistleblower-related enforcement. 3] Fiscal year (“FY”) 2022 and 2023 were each record-setting years for the SEC’s whistleblower program. The cover art used in this blog post was generated by DALL-E. [1]
Companies developing Federal Trade Commission (“FTC”) compliance programs, or under investigation by the FTC’s Bureau of Consumer Protection, should be aware of significant developments impacting the Commission’s regulatory authority and enforcement priorities.
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