News & Analysis as of

Bring Your Own Device (BYOD) Electronically Stored Information

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

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Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

TransPerfect Legal

Chatting without Penalty: The Evolving Role of Instant Messaging in Legal Matters

TransPerfect Legal on

I. The Phenomenon of Instant Messaging- Evolution and Proliferation- From basic platforms like IRC and AIM to globally dominant apps such as WhatsApp and Telegram, instant messaging (IM) has witnessed a radical...more

The Volkov Law Group

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on

One thing you can count on — change.  Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 3: during an investigation

A&O Shearman on

This post provides tips from our eDiscovery experts on the identification and preservation of chat data during an investigation - Chat data will inevitably need to be collected for review if an investigation or dispute...more

The Volkov Law Group

DOJ Outlines Compliance Expectations Relating to Preservation of Data from Messaging Applications (Part III of III)

The Volkov Law Group on

The Justice Department finally released its new policy to improve corporate preservation of data generated by executives and employees.  In this new technology era, companies have had significant gaps in collecting and...more

Morrison & Foerster LLP

Preserving Data from Personal Devices and Third-Party Messaging Platforms – What Should Companies Do?

Morrison & Foerster LLP on

Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more

Reveal

What is Shadow IT and Why Your Legal Team Should Be Concerned

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Before the COVID-19 Pandemic, legal technology writers like myself, wrote about BYOD (an acronym for Bring Your Own Device) policies and how they affect the eDiscovery process. But since March 2020 and the great migration...more

Reveal

There Are More Challenges in Managing Discovery in Healthcare Than You Probably Realize

Reveal on

A few months ago on this blog, I wrote about using Artificial Intelligence (AI) to keep up with the “alphabet soup” of compliance. An important area to address from a compliance standpoint is health data and at least two of...more

Association of Certified E-Discovery...

[Webinar] Dealing with the Growing Risks of the ‘Shadow IT’ Environment - August 11th, 1:00 pm - 2:00 pm BST

The ever-expanding information technology environment is one of the biggest challenges for IT, e-discovery and digital forensics practitioners today. It takes just seconds for anyone to open a webpage and download a new tool...more

Fisher Phillips

One Year Later: How the Evolving Work-from-Home Climate Prompts Reminders for Technology Best Practices

Fisher Phillips on

Perhaps no COVID-19 phenomenon will have a more lasting impact than the virtual office. Many employers recently marked the first anniversary of the decision to ask their employees to work from home in an effort to combat the...more

Reveal

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

Reveal on

Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology...more

Association of Certified E-Discovery...

[Virtual Event] ACEDS Wisconsin Chapter: Returning to Business as Usual – What It Means for IG and Your E-Discovery - August 13th,...

As the nation continues to struggle with our new COVID-19 realities, it is evident that what will come next is hugely uncertain. “Normal” will likely look very different for the majority of the population, and this includes...more

Kilpatrick

Life After COVID 19: E-Discovery Considerations for Attorneys and Clients

Kilpatrick on

Life around the world has significantly changed in the last three months. From job losses, homeschooling, and working from home, daily life is not the same as it was in February. The world of E-Discovery has not been immune....more

Reveal

3 Challenges Corporate Legal Teams Face With BYOD

Reveal on

Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more

Epiq

When a Deal Goes Wrong, Possession is Not Nine-Tenths of the Law

Epiq on

The ways that businesses communicate have changed a great deal over the past twenty years. In the good ol’ days, most communicative dealings happened in a prestigious boardroom or over the phone, with no record of exactly...more

Epiq

Your Favorite Five Epiq Angle Blogs

Epiq on

The Angle wishes all our readers a wonderful holiday and happy new year! We want to thank all of you for your continued support and suggestions. As 2020 approaches, we wanted to make the last post of 2019 a review of our...more

Epiq

BYOD Challenges

Epiq on

If you are like most, you probably have 4-5 different chat applications on your phone to talk to friends and family members.  Dad only likes to text via SMS, brother Peter only uses Facebook Messenger, Aunty Bridgette can...more

Association of Certified E-Discovery...

Hold My Phone: Part 1 – Preservation and Collection of Mobile Device Data

Mobile devices, especially smartphones, have become home to all manner of data about what we do. That means they should be seems as a key potential source of potentially relevant electronically stored information....more

Polsinelli

New Guidance on Employee-Owned Device Discovery

Polsinelli on

As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own...more

Association of Certified E-Discovery...

Growing Business Use of “Chat Apps” Poses Information Risk for Corporate Legal Departments

A 2017 survey of business professionals worldwide found that the average business professional uses 9.4 software apps for work purposes. Nearly half of the respondents said they use apps that are not sanctioned by their...more

Searcy Denney Scarola Barnhart & Shipley

Do BYOD Corporate Policies Provide an Unfair Protection?

BYOD — Bring Your Own Device - Should defendants be permitted to adopt a policy concerning employee use of personal computing devices in business that benefits the defendant and then hide behind that policy to its benefit...more

Harris Beach Murtha PLLC

Welcomed Draft Commentary from the Sedona Conference on BYOD

Many organizations struggle with whether to permit employees to use their own electronic devices (e.g., mobile phones, tablets, laptops) to conduct business on behalf of the organization. In addition to discovery challenges...more

Kilpatrick

BYOD (Bring Your Own Device) Policies and Best Practices

Kilpatrick on

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Searcy Denney Scarola Barnhart & Shipley

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Searcy Denney Scarola Barnhart & Shipley

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

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