Learn the current state of discovery of electronic stored information when looking specifically at a litigation standpoint.
Daytoday management of electronically stored information (ESI) has continued to become more complex in an era of extremely widespread use of mobile devices by executives and staff. There are also more and more ramifications downstream in electronic discovery (ediscovery). Many a judge considers mobile device ESI to be in the possession, custody or control of the employer. Even when the employer might deny responsibility for data on a BYOD (Bring Your Own Device) machine, the court could, in effect, classify the context as being COPE (Company Owned Personally Enabled). It behooves most every organization to take proactive steps daytoday to avoid risks and costs once in reactive mode downstream in ediscovery. In part by using the NFL Deflategate situation as a case study, the presenter, a hybrid lawyer technologist, will provide many practical tips for companies of all shapes and sizes.
ï Definitions and Acronyms
ï Proactive Policies Help Downstream
ï Smoking Guns ñ Examples, Including "Deflategate"
ï Compliance Basics
ï Technology Acceptable Use Policy (TAUP) ñ Some Key Aspects
ñ No Employee Expectation of Privacy (Not in EU)
ñ Broad Inspection Right
ñ Unauthorized Access ñ CFAA
ï BYD/COPE ñ Mobile Device Management (MDM)
Reactive Mode ñ E-discovery Law/Process
ï Possession, Custody or Control
ï Employer Outer Bounds
Internet of Things (IoT) and Internet of Bodies (IoB)
Robert D. Brownstone, Esq. with Fenwick & West LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.