This presentation covers:

 Part A. Document retention

• Risks in communication via social messaging apps e.g. What’s App, Signal, Team Chat etc
• What is a discoverable document in legal proceedings (including regulatory investigations)?
• What is the obligation to discover communications on social messaging apps and personal devices?
• What is the duty to preserve documents and provide ongoing discovery, including sanctions for non-compliance, and specific examples of types of documents that need to be disclosed e.g. annotations and notes.

Part B. Legal Professional Privilege (LPP)

• What is LPP and when documents may be privileged from production and therefore not used as evidence in legal proceedings?
• How LPP is applied, including waiving (or losing) privilege.  This sets out all the ways that privilege can be lost – incl Directors discussing matters in anticipation of, or during legal proceedings, including regulatory or internal investigations.
• Risks and costs arising from LPP.

Part C. Practical Tips.