BYOD in eDiscovery: Managing Risks and Ensuring Best Practices in 2017 Recording

The use of personal mobile devices in the workplace, commonly referred to as "Bring Your Own Device" (BYOD) has now become abundant. While there are many advantages to BYOD, mobile devices such as cellphones, tablets, e-readers and laptops poses significant and unique challenges to busines…

BYOD in eDiscovery: Managing Risks and Ensuring Best Practices in 2017

Monday, March 20, 2017

3:00 pm – 5:00 pm (EST)


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University of Missouri School of Law

Hull Barrett, PC

The Wechsler Law Group, LLC

University of Missouri School of Law

Hull Barrett, PC

Hull Barrett, P.C. is committed to delivering results in today’s world with a vision for the needs of tomorrow. Hull Barrett is a law firm with a long successful history in Georgia and South Carolina. Established in 1916 in Augusta and in 1872 in Aiken, the firm has locations in Augusta, GA; Evans, GA; and Aiken SC.  The client-centered focus and depth of experience enables the firm to provide exceptional value in the most cost effective manner to its clients. With 24 lawyers plus support staff, the firm provides top quality legal representation and service to its clients and the community.

Hull Barrett is engaged in a general civil practice providing a broad range of legal services with an emphasis on general litigation, trials and appeals ∙ securities and corporate law ∙ mergers, acquisitions and public offerings ∙ local government law and eminent domain actions ∙ health care ∙ computer and technology law ∙ internet ventures ∙ trademark and copyright law ∙ taxation ∙ public finance ∙ commercial real estate ∙ construction law and disputes ∙ employment law ∙ banking law ∙ insurance law ∙ trusts, estate planning and probate ∙ First Amendment and media law ∙ environmental matters. The firm represents a broad client base of major corporations, small businesses, professional entities, financial and lending institutions, local governments, public authorities, public utilities, railroad companies, insurance companies, health care institutions and individuals.

Website: http://hullbarrett.com/

The Wechsler Law Group, LLC

Founding Member.  Peter Wechsler is the founding partner of The Wechsler Law Group, LLC, dedicated to the practice of effective and innovative civil litigation, eDiscovery, mediation and dispute resolution.  The firm concentrates its practice in Product Liability; eDiscovery and Electronically Stored Information (ESI); Torts, Personal Injury and Wrongful Death; Motor Vehicle Crashworthiness; Biomechanics of Injury Trauma; Case Evaluation; Federal Motor Vehicles Safety Standards; Insurance Coverage and Disputes; Mass Torts; Foreign Sovereign Immunity Act ( Act (“FSIA”); Hague Convention; Professional Liability; Asbestos; Premises Liability; Trials and Trial Strategy;  The dispute resolution aspect of the law firm is available to attorneys and judges for, pre-suit mediations, court ordered mediations, insurance umpires, first-party insurance claims, arbitration and discovery disputes including electronically stored information (ESI).

A significant part of the practice of the firm is devoted to ESI and eDiscovery including, proportionality, amendments to the new Federal Rules, Predictive Coding, TAR, CAR, Sanctions, applicable case law, adverse jury instructions, privilege and privilege logs, confidentiality agreements, claw-back agreements, duty to preserve, litigation hold letters, Internet of Things, spoliation, social media, BYOD, Sedona Conference and Sedona Principles, computer forensics, and many others issues related to ESI and eDiscovery.

Website: http://www.wechslerlawgroup.com/

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Randy J. Diamond
Randy J. Diamond
Director of Library and Technology Resources, Legal Research Professor of Law
University of Missouri School of Law

Professor Diamond is Director of Library and Technology Resources and Legal Research Professor of Law at the University of Missouri School of Law. In 2010 he created an Electronic Discovery course for students to learn about this rapidly developing field. The school is one of a small (but growing) number of law schools to offer such a course.   Professor Diamond has spoken at CLE programs and conferences on e-discovery topics.  He also teaches Advanced Legal Research and through the library emphasizes student technology competencies essential for law practice. After graduating from Fordham Law School he was an associate at Thompson Hine in Cleveland before pursuing a career in legal education.

Aimee Pickett Sanders
Aimee Pickett Sanders
Attorney
Hull Barrett, PC

Aimee joined the Augusta office of Hull Barrett, PC as an associate in 2015.  Aimee practices in the area of general civil litigation with a focus on employment litigation and commercial litigation. Aimee’s employment practice focuses on developing strategies and systems to minimize employee disputes and maximize legal options and successful results in the disputes that cannot be avoided.  She counsels a number of public and private entities in employment and personnel matters, including policy manuals, wage and hour matters, employment discrimination and harassment claims, employee discipline and termination issues.  In addition to her employment practice, Aimee has experience representing local government bodies on a wide range of issues and assisting companies with prevention and compliance concerns.  Aimee, a former bankruptcy clerk, also has significant experience representing both debtors and creditors in bankruptcy proceedings, and employs her bankruptcy experience to counsel corporate clients on fraudulent conveyance, preferential transfer, and litigate on their behalf during adversary proceedings. Aimee is a graduate of the University of Georgia, School of Law and has been recognized as a Super Lawyer, Rising Star and as both the Top 100 in Business Labor & Employment and the Top 40 Under 40 in Business & Labor Employment by the National Black Lawyers.

Peter L. Wechsler, Esq.
Peter L. Wechsler, Esq.
Attorney
The Wechsler Law Group, LLC

Mr. Wechsler is an attorney, a Florida Supreme Court Certified Circuit Civil Mediator, and Florida Supreme Court Qualified Arbitrator and practices in Miami, Florida. He earned his law degree from Suffolk University Law School. He specializes in civil litigation, mediation, eDiscovery, electronically stored information (ESI), product liability, and personal injury and wrongful death.

Mr. Wechsler is board certified in civil trial advocacy and civil pretrial practice by the National Board of Trial Advocacy. He has been consistently selected by his peers as a Florida Super Lawyer®, and selected for 30 years by Martindale Hubbell as an “AV Preeminent®” attorney.

Mr. Wechsler sits on the Florida Board of Bar Examiners, has been appointed to the Professionalism Committee of the 11th Judicial Circuit, and is a member of the Florida Supreme Court Standard Jury Instructions-Civil Committee.

Key Topics

The use of personal mobile devices in the workplace, commonly referred to as "Bring Your Own Device" (BYOD) has now become abundant. While there are many advantages to BYOD, mobile devices such as cellphones, tablets, e-readers and laptops poses significant and unique challenges to businesses and the legal industry. For instances where BYOD devices get put on a litigation hold, numerous issues are addressed, including the type of dispute or investigation, comingling of corporate and personal data, data protection and encryption, and the type of data being sought. To mitigate the potential risks of e-Discovery complications, it is important that an organization implement an effective mobile device policy.

In this LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will help the audience understand the fundamentals and the most important aspects of BYOD in e-Discovery. Speakers will also provide the audience with their expert thoughts and insights on how to identify and manage risks and the current best practices in this significant area.

Key topics include:

  • BYOD in e-Discovery – A Perspective
  • Challenges of BYOD in e-Discovery
  • Corporate Owned & Personally Enabled (COPE)
  • BYOD and Data Ownership Issues
  • BYOD and Employee Privacy Violations
  • BYOD e-Discovery Cost Management
  • Practical BYOD e-Discovery Strategies
  • Recent Regulatory Developments

Who Should Attend
  • E-Discovery Attorneys
  • Employment Lawyers
  • Technology Lawyers
  • Privacy Lawyers
  • Litigators
  • Information Technology Chiefs
  • Senior Managers
  • Human Resources Managers
  • Employees
  • Consultants

Credit Info
Course Level: Intermediate
Prerequisite: Experience on discovery and civil litigation
Method Of Presentation: Group-Internet Based
Credits: 2.0
Course Code: 145965
NASBA Field of Study: Management Services – Technical
NY Category of CLE Credit: Skills

Attendees who need CE credits, please be informed that there is a minimal fee. Contact our CE Coordinator for details at [email protected]

The use of personal mobile devices in the workplace, commonly referred to as "Bring Your Own Device" (BYOD) has now become abundant. While there are many advantages to BYOD, mobile devices such as cellphones, tablets, e-readers and laptops poses significant and unique challenges to businesses and the legal industry. For instances where BYOD devices get put on a litigation hold, numerous issues are addressed, including the type of dispute or investigation, comingling of corporate and personal data, data protection and encryption, and the type of data being sought. To mitigate the potential risks of e-Discovery complications, it is important that an organization implement an effective mobile device policy.

In this LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will help the audience understand the fundamentals and the most important aspects of BYOD in e-Discovery. Speakers will also provide the audience with their expert thoughts and insights on how to identify and manage risks and the current best practices in this significant area.

Key topics include:

  • BYOD in e-Discovery – A Perspective
  • Challenges of BYOD in e-Discovery
  • Corporate Owned & Personally Enabled (COPE)
  • BYOD and Data Ownership Issues
  • BYOD and Employee Privacy Violations
  • BYOD e-Discovery Cost Management
  • Practical BYOD e-Discovery Strategies
  • Recent Regulatory Developments

SEGMENT 1:
Randy J. DiamondDirector of Library and Technology Resources, Legal Research Professor of Law
University of Missouri School of Law

BYOD Issue Scan and Best Practices

  • Pros and Cons of BYOD (and COPE).  Benefits of a mobile technology enabled workforce.  Challenges in protecting company information and employee privacy, managing e-discovery, and ensuring regulatory compliance.  Harmonizing generational business and social norms for effective BYOD implementation and management.

SEGMENT 2:
Aimee Pickett SandersAttorney
Hull Barrett, PC

  • BYOD Challenges in E-Discovery
  • BYOD and Data Ownership Issues
  • BYOD and Regulatory Compliance
  • Ways to Mitigate Risks

SEGMENT 3:
Peter L. Wechsler, Esq.Attorney
The Wechsler Law Group, LLC

  • Challenges in BYOD e-Discovery
  • BYOD and Data Ownership Issues
  • Practical BYOD e-Discovery Strategies
  • Advantages and dangers of BYOD
  • Case law on mobile devices
  • Litigation hold directives
  • Personal use of mobile devices while at work
  • Legal issues

SEGMENT 4:
Randy J. DiamondDirector of Library and Technology Resources, Legal Research Professor of Law
University of Missouri School of Law

BYOD Key Case Law Scan

  • Crabtree v. Angie’s List, 2017 WL 413242 (S.D. Ind. Jan 31, 2017) (employee privacy)
  • Hespe v. City of Chicago, 2016 WL 7240754 (N.D. Ill. Dec. 15, 2016) (inspection/privacy boundaries)
  • Small v. University Medical Center of Southern Nevada, (D. Nev. Aug. 18, 2014) (BYOD litigation hold failures)
  • Cochran v. Schwan’s Home Service, 228 Cal. App. 4th 1137 (2014) (class action seeking employer reimbursement for mandatory use of their personal cell phones for work-related purposes)
  • Rajaee v. Design Tech Homes (S.D. Tex. Nov. 11 2014) (device wiping by employer of employee personal phone, data ownership under Electronics Communications Privacy Act (ECPA) and the Computer Fraud and Abuse Act (CFAA))
  • In re Pradaxa Products Liability Litigation, (S.D. Ill. Dec. 9, 2013)(BYOD subject to same preservation obligations as other ESI)
  • Ewald v. Royal Norwegian Embassy, (D. Minn. Nov. 20, 2013) (protocol for searching company phones provided to employees for relevant ESI
  • Garcia v. City of Laredo, 702 F.3d (5th Cir 2012) (employee privacy expectations when using device for work related purposes)
  • Mintz v. Barterlstein, 885 F. Supp.2d 987 (C.D. Cal. 2012)(Stored Communication Act scope of privacy protection for Company Owned Personally Enabled (COPE) policy)

This is a must attend event for anyone interested to learn best practices in managing risks and challenges of BYOD in e-Discovery.

During this LIVE Webcast, you will hear: 

  • Detailed guidance explained by the most qualified key leaders & practitioners.
  • Hear directly from key thought leaders
  • Interact directly with the panel during Q&A

Enroll in this course today by clicking the “Register” button below. Space is limited and discounts apply for early registrants.

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