Bring Your Own Device

Bring Your Own Device (BYOD) typically refers to the practice of allowing employees to access business email and company files from personal smartphones and laptops. There are significant data protection issues... more +
Bring Your Own Device (BYOD) typically refers to the practice of allowing employees to access business email and company files from personal smartphones and laptops. There are significant data protection issues associated with BYOD. Many companies draft formalized BYOD policies to address these concerns, but there are still inherent risks associated with the practice. less -
News & Analysis as of

Mingling Employee Smartphone and Company Work Product Can be Dangerous

Many people will receive new smartphones as presents this month. Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone....more

Consent is Key for BYOD

With Black Friday behind us and holiday shopping still heating up, ‘tis the season when many of us will acquire new gadgets and technology to power our digitally-enhanced lives. For businesses, this time of year also means...more

New Laws and Court Decisions Should Prompt Review of Employee Handbooks for Most Employers

Handbooks in light of several recent legislative actions and judicial decisions. Employers should generally review and update Employee Handbooks as necessary on a yearly basis, but numerous changes will be necessary for most...more

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at...more

California Employers Beware: Cell Phones Present Another Area for Class Action Potential

In August 2014, the California State Court of Appeals (2nd Circuit, Division 2) decided in Cochran v. Schawan's Home Service that employers were responsible for reimbursing employees for the business use of personal cell...more

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

2014 Ediscovery Trends: Survey Results

With about four weeks remaining in the year, let the “2014 reflections” bombardment begin! You know what I am talking about — the close of the calendar year prompts oodles of nostalgic news stories recalling the biggest...more

Bring Your Own Challenges

From reliable surveys and less dependable anecdotes in most major markets, including the UK and the US, opinions point to the almost inevitable expansion of BYOD – Bring Your Own Device – as a cost-saving model for employers....more

Encryption and Securing BYO Devices at the Heart of Massachusetts AG $100,000 Settlement

The Massachusetts Attorney General announced Friday that her office had reached a settlement with Beth Israel Deaconess Medical Center (BIDMC) surrounding a 2012 data breach in which a physician’s unencrypted personal laptop...more

Say Cheese… Snap… The Most Damning Evidence in Employment Law

Before smartphones, emails, text messages and other forms of electronic communications, I would ask alleged sexual harassers whether they had any pictures or video from holiday parties, or if they kept hallmark cards that...more

BYOD In Australia - Cool, Cheap And (Potentially) Catastrophic!

THE ALLURE OF THE POTENTIAL COST SAVINGS OF BRING YOUR OWN DEVICE PROGRAMS IS TOO GREAT FOR MANY AUSTRALIAN ORGANISATIONS TO RESIST. Not only do the financials of Bring Your Own Device (BYOD) programs look good (the...more

Top of Mind - October 2014: Editor's Choice

BYOD: cool but dangerous – 3 HIPAA Security Rule challenges, 7 key precautions - Companies and employees like the idea of bring your own device (BYOD) policies that allow employees to use their personal mobiles for...more

Employment Law Commentary -- Volume 26, Issue 9, September 2014 -- California Court Warns Employers Trying To Pass The Buck...

California employers hoping to save money through a bring your-own device (BYOD) program should think twice about that objective, based on a recent California appellate decision. In Cochran v. Schwan’s Home Service, the...more

Shoddy Mobile Device Use Policy and Failure to Institute Litigation Hold Leads to Default Judgment and Hefty Sanctions (Nevada)

Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014). In this employment law dispute, the court appointed a special master to resolve discovery issues....more

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

California Court of Appeal Rules Employers Must Reimburse Employees For Work Calls on Personal Cell Phones

The California Court of Appeal’s recent decision in Cochran v. Schwan’s Home Service, Inc. was simple. When employees must use their personal cell phones for work, California law requires employers to reimburse them,...more

Wearable Technologies Are Here To Stay: Here’s How the Workplace Can Prepare

More than a decade ago, “dual use” devices (i.e., one device used for both work and personal reasons) began creeping into workplaces around the globe. Some employees insisted on bringing fancy new smart phones from home to...more

Texting For Business On Personal Cell Phones

In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop...more

BYOD and the Auto Industry: A Marriage Made in Heaven or Hell?

By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most...more

Calling All California Employers: You Must Reimburse Employees for Mandatory Use of Their Personal Cell Phones Even if They Have...

A California appellate court recently held that employers are always required to reimburse employees for mandatory use of their personal cell phones, even if they do not incur any additional expense for doing so. The case is...more

BYOD: No Such Thing as a Free Lunch

It seems intuitive that, by and large, employees prefer to use their own mobile devices, carrying only a single device for personal and work purposes, and having choice over the device to be used (please don't take away my...more

New Threat to “Bring Your Own Device” Policies: Employer Required to Reimburse Personal Cell Phone Expenses

In a far-reaching decision, the California Second District Court of Appeal held in Cochran v. Schwan’s Home Serv., Inc., Cal. Ct. App. No. B247160, (August 12, 2014) that California Labor Code section 2802 requires employers...more

Are You Properly Reimbursing Your Employees?

When an employee drives to a client’s office to close the sale, employers know they must reimburse the employee for that mileage. When an employee flies to a work-related convention to work a booth, employers know they...more

Act Now Advisory: California Court of Appeals Holds That Employees Must Be Reimbursed for Using Personal Cell Phones for...

In Cochran v. Schwan's Home Service Inc., the California Court of Appeals posed the following question: "Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell...more

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