BYOD, Mobile Devices & e-Discovery: Practical Tips to Take Advantage of Opportunities and Manage Challenges
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
Cheryl Orr, Partner
Drinker Biddle & Reath LLP
- What is BYOD?
- What are the Risks/Benefits?
- Key Components of a BYOD Policy
- Privacy Concerns
- Data Protection and Security
Allegra Lawrence-Hardy, Partner
Lawrence & Bundy LLC
- Navigating state, federal, and international privacy laws when implementing BYOD programs.
- Guidelines for managing employees’ expectations of privacy and obtaining employee consent with respect to BYOD programs.
- Managing risky employee behaviors associated with BYOD programs.
Steve Watson, Founder
- Ensure your BYOD policies line up with what is possible from mobile phone collections.
- Test your phone collection plan.
- Test your eDiscovery plan.
- Be very cautious in asserting what is not possible.
- Lastly, does your BYOD policy address the ‘other’ BYOD areas that the phone/tablet may be touching?
Jimmy Tsang, Product Marketing
MaaS360 by IBM
- Overview of current trends in enterprise mobility and BYOD adoption. We are seeing a shift or expansion to other programs such as COPE and CYOD.
- Top 10 BYOD pitfalls and best practices based on over 10k customer engagements
- How to implement the right mobile enablement and security solution for your business and BYOD program
Who Should Attend:
- E-Discovery Lawyers
- Privacy and Security Lawyers
- Employment and Labor Lawyers
- E-Discovery Professionals
- In-house Counsel
- Risk and Compliance Officers
- Data Management Professionals
- Chief Information Officers
- Information Technology Officers
- Chief Security Officers
- Senior Management
- Human Resources Personnel
- Other Interested Professionals
Jimmy Tsang leads the product positioning, messaging and go-to-market launches of the IBM MaaS360 solutions and serves as a frequent speaker and subject matter expert. He has more than a decade of experience in Enterprise Software and over seven years of experience in Mobile Technology, joining IBM MaaS360 in 2012.
Jimmy Tsang leads the product positioning, messaging and go-to-market launches of the IBM MaaS360 solutions and serves as a frequent …
Allegra Lawrence-Hardy uses creativity and results-oriented strategic analysis to develop legal solutions that work for her clients. Allegra focuses her practice on Business and Commercial Litigation and Labor and Employment. She works with her clients on complex commercial and labor and employment matters. She has successfully defended Fortune 100 companies throughout the United States and abroad in numerous trials, arbitrations and other forms of alternative dispute resolution.
Allegra is known for her skill in trying cases, negotiating complex settlements and finding creative solutions. She helps develop processes and tools for improving the efficiency and delivery of legal services.
Allegra served as a law clerk for the Honorable Susan H. Black of the U.S. Court of Appeals for the Eleventh Circuit. She was recently recognized as Attorney of the Month by Attorney at Law Magazine and was named to the “Rainmakers” list by Diversity & the Bar for having an established record of generating business. Allegra has been repeatedly selected as a Georgia Local Litigation Star by Benchmark Litigation, and recognized by Chambers USA: Guide to Leading Business Lawyers. She has been repeatedly named to The Best Lawyers in America, and has been repeatedly selected for inclusion in Georgia Super Lawyers® “Top 50 Georgia Super Lawyers” and “Top 100 Georgia Super Lawyers.” Allegra is a Fellow of the Litigation Counsel of America.
Allegra Lawrence-Hardy uses creativity and results-oriented strategic analysis to develop legal solutions that work for her clients. Allegra focuses her …
Watson is the founder of VTO Labs, a firm focused on the most challenging areas of data preservation, data recovery and digital forensics. With nearly two decades of experience in information technology, information security, and investigations, he is also an active digital forensic researcher working in the areas of data recovery from emerging technologies and damaged devices.
When he’s not destroying devices for damaged devices research or taking apart the new technologies we see on the internet, he supports clients in the areas of data recovery for litigation and investigations.
Watson sits on two Federal committees related to digital forensics and is pursuing a PhD in Digital Forensics.
Watson is the founder of VTO Labs, a firm focused on the most challenging areas of data preservation, data recovery …
Cheryl D. Orr is one of 12 elected managing partners of Drinker Biddle and chair of the firm’s national Labor and Employment Practice Group. Cheryl concentrates her practice on defending employers nationwide against complex wage and hour class, collective, and representative actions arising in industries including retail, health care, pharmaceutical, finance, and manufacturing. She also has a long history of resolving wrongful termination, unfair competition and discrimination cases through a winning motion practice. In addition to litigation, she provides a full range of employment law counseling, audit and training services. Chambers USA consistently ranks Cheryl as one of the top employment lawyers in California, and the Daily Journal has named her as one of California’s Top Employment Lawyers and Top Women Lawyers.
Cheryl D. Orr is one of 12 elected managing partners of Drinker Biddle and chair of the firm’s national Labor …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About MaaS360 by IBM
IBM MaaS360 is the trusted enterprise mobility management solution to thousands of customers worldwide - from Fortune 500 companies to small businesses. We make working in a mobile world simple and safe by delivering comprehensive mobile security and management for applications, documents, email, and devices. Instantly web accessible, IBM MaaS360 is easy to use and maintain and provides the flexibility organizations need to fully embrace mobility in every aspect of their business. Backed by the most responsive support in the industry, we put customers first by providing them with the best user experience for IT and employees. To learn more and start an instant, free trial of IBM MaaS360, please visit: https://www.ibm.com/maas360.
About Lawrence & Bundy LLC
Founded by Allegra Lawrence-Hardy and Thomas Bundy, the litigation firm Lawrence & Bundy delivers the results clients demand. With innovative problem solving and creative fee arrangements, the firm provides agile, effective, efficient solutions for clients nationwide. Lawrence & Bundy represents an array of sophisticated business entities and people in Atlanta, GA, and Washington, DC.
About VTO Labs
VTO Labs is a firm focused on the most challenging areas of data preservation, data recovery and digital forensics. With labs in Seattle, Denver and Washington DC, our team of world leading experts thrives on the addressing the problems areas that other people won’t touch. When your existing teams have run out of options and you still need the data, we are your escalation team.
About Drinker Biddle & Reath LLP
With 620 lawyers in 12 offices nationwide, Drinker Biddle & Reath LLP provides clients with unparalleled service in matters ranging from billion-dollar deals to complex class actions, across a broad spectrum of industries. Clients choose Drinker Biddle for their sophisticated yet efficient approach to handling the most important business transactions, litigation and government affairs efforts. Their 165-plus year history is marked by service to the public and the bar, and innovating for their clients. Today, Drinker Biddle combines a comprehensive range of traditional legal practices with significant national roles in such practices as class action defense, labor and employment, information governance and eDiscovery, corporate and securities, government relations, health care, intellectual property, insurance, investment management, private equity, bankruptcy, energy, environmental, and employee benefits. They also remain committed to their long tradition of handling pro bono work and taking on unpopular causes.