Description:
Learn the current state of discovery of electronic stored information when looking specifically at a litigation standpoint.
IDay-to-day 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 (e-discovery).
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 day-to-day to avoid risks and costs once in reactive mode downstream in e-discovery. 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.
Overview
• Definitions and Acronyms
• Proactive Policies Help Downstream
• Smoking Guns – Examples, Including "Deflategate"
Proactive Policies
• Compliance Basics
• Technology Acceptable Use Policy (TAUP) – Some Key Aspects
◦ No Employee Expectation of Privacy (Not in EU)
◦ Broad Inspection Right
◦ Unauthorized Access CFAA
• BYD/COPE – Mobile Device Management (MDM)
Reactive Mode – E-discovery Law/Process
• Discoverability
• Possession, Custody or Control
• Employer Outer Bounds
• Preservation/Spoliation
• Forensics
Internet of Things (IoT) and Internet of Bodies (IoB)
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
Robert D. Brownstone, Esq., Fenwick & West LLP
- Technology and e-discovery counsel and Electronic Information Management (EIM) group chair at Fenwick & West LLP, a 350+ attorney, Silicon Valley based, national law firm
- Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
- As to many law and technology issues, nationwide conference chair, speaker and writer including on the www.ITLawToday.com blog
- Has taught electronic discovery law and process at four law schools
- Frequently quoted in the press as a source on electronic information issues
- Advisory board member, National Employment Law Institute
- Advisory board member, American Lawyer Media (ALM) legal tech conferences
- J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
- Can be contacted at rbrownstone@fenwick.com
(Not available outside the US)