BYOD, Mobile Devices & e-Discovery: Practical Tips to Take Advantage of Opportunities and Manage Challenges

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SKU: 2016-06-23 Category: Tags: , ,

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Today, mobile devices are an essential aid for communication and data storage at home and at work. The co-mingling of work and personal data, including audio, text messages, meta-data, social media data, images, search engine history, voice mail, video, and system logs on cellular phones, smart phones, e-readers and tablets creates problems for companies especially when e-discovery is required. It is increasingly difficult to identify personal from corporate data stored in embedded memory, subscriber identity module cards, removable storage, cloud services, and other locations. An increasing variety of file formats and use of numerous languages and scripts creates additional problems. Furthermore, many applications allow one to several third-party services to access, share, copy, store, and transfer data.

As a result, searching, identifying, extracting, converting, preserving, recovering, and production of potentially relevant user data from mobile devices for e-Discovery is a serious and complicated issue. A sound understanding of the operation and capabilities of a vast variety of mobile devices is essential to the successful management of user data. Other considerations include encryption, security risks, and data loss. Popular platforms, such as Facebook Messenger, Snapchat, and WhatsApp, which often can be used across various operating systems such as Android, Apple iOS, Windows Phone, and Blackberry, have changed messaging radically; with significant implications for e-discovery.

Many companies have lenient Bring-Your-Own-(Mobile)Device (BYOD) policies since it reduces their costs and encourages longer work days. More recently, others have adopted Company Owned but Personally Enabled (COPE) device policies.  An overly restrictive BYOD policy may be impossible to enforce. So, there should be a pragmatic balance of control and allowance with monitoring of devices and uses. Creating a robust BYOD policy to regulate devices also should be viewed as an important pre-cursor for companies facing subsequent litigation or wanting to undertake e-discovery. However, privacy, relevancy, and costs must be considered in mobile device data collections to ensure that they are limited only to responsive data.

There are a number of programs available to help with e-Discovery of mobile data. But, no single 'forensic' software can ensure relevant mobile device data sets. The advent of 5G devices and the Internet-of-Things will create new issues and complications for e-discovery.

If one thinks the risks are not great, it is wise to realize that one recent study reports that 51% of respondents said they would ignore a policy banning the use of mobile devices at work.  Hence, it is important that attorneys, security staff, and managers to understand the advantages and disadvantages of dynamically fluid mobile device technology concurrent to balancing the benefits and costs and their obligations with regard to e-Discovery.

In this two-hour LIVE Webcast, a seasoned panel of thought leaders, practitioners, and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis and discussion of the fundamentals, advantages, and disadvantages of BYOD for Mobile Devices in e-Discovery and the Challenges and Opportunities in 2016. Speakers will suggest how to ensure relevancy at minimal cost when dealing with mobile device e-discovery.

Key topics include:

  • Mobile Devices and e-Discovery
  • Bring Your Own Device (BYOD) Policies
  • Fourth Amendment Implications
  • Electronically Stored Information (ESI) Data Sources
  • Electronic Discovery Reference Model
  • Mobile e-Discovery Planning
  • Mobile Device Security and Privacy Policies
  • Risky Employees, Mobile Devices, and Applications
  • Risky Data and Third Parties
  • Enforcing Device Compliance
  • Data Recovery Problems
  • On Premise or SaaS Mobile Device Management (MDM)
  • Mobile Application Management (MAM)
  • Best Practices

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