Aisling O’Shea Comments on Corporate Enforcement Policy in Anti-Corruption Report

May 1, 2019

S&C litigation partner Aisling O'Shea was quoted in Anti-Corruption Report'sUpdates to the Corporate Enforcement Policy Attempt to Address Company Concerns,” authored by Nicole Di Schino. The article was motivated by the Department of Justice's recent revisions to the FCPA Corporate Enforcement Policy (CEP), and details the new policies and the context in which they were created. As Aisling explains, the CEP originally contained a statement indicating that the DOJ believes companies should retain records generated by ephemeral messaging apps – programs such as Snapchat and other services that do not traditionally preserve, and sometimes automatically delete, communications. The DOJ's stance on this matter “has been the subject of sustained criticism,” Aisling notes. With the update, the DOJ seems to have taken this criticism to heart, revising its guidance to require “appropriate guidance and controls on the use of personal communications and ephemeral messaging platforms.” 

Aisling was formerly a member of the FCPA Unit before becoming a partner at S&C, where she focuses her practice on criminal defense, government investigations and the FCPA.