What's the Tea in L&E? Employee Devices: What is #NSFW?
Podcast - Navigating the TikTok Ban: Implications for Government Contractors
[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
Does Your Company Personal Device Policy Comply with DOJ Guidance?
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Sitting with the C-Suite: Best Practices in Mobile Device Data Preservation
Sitting with the C-Suite: How Do Corporations Manage the Convergence of Data during Remote Work?
U.S. Department of Defense Awards Contract to Secure Sensitive Data With Blockchain
Digital Workplace Issues
Video | Tips for Managing the Preservation of Mobile Device Data
Podcast: Keeping Up with Recent Changes and Trends in Private Fund Regulation
Ron Camhi Discusses the Importance of Mobile Advertising
Celina Kirchner Discusses Social Media Advertising Laws
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
New Jersey to consider allowing police to search cell phones to combat distracted driving
Unique Privacy Concerns for Mobile Apps
Unlocking Your Cell Phone Is Now Illegal, but Not for Long
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
E-Books Empower Lawyers to Publish on Specialized Subjects They Couldn’t Previously
On August 14, 2024 the U.S. Securities and Exchange Commission (the “SEC”) announced settled charges against 26 SEC-registered investment advisers, broker-dealers and dually-registered broker-dealers and investment advisers...more
On August 14, the U.S. Securities and Exchange Commission (“SEC”) announced yet another wave of enforcement actions related to widespread “off-channel communications,” charging an additional 26 firms with failing to maintain...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...more
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
When it comes to ensuring that data is preserved and available for litigation, investigations, or government inquiries, it all starts with establishing and codifying clear data governance policies and procedures....more
Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of...more
The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and flexibility. Hence, many companies...more
On February 9, 2024 the U.S. Securities and Exchange Commission (the “SEC”) announced charges against 16 registered investment advisers and broker-dealers for pervasive recordkeeping failures related to off-channel...more
“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more
Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day...more
I always welcome any chance to use references to The Mandalorian series on Disney (or Ashoka for that matter) in the compliance arena. My take on the issue of electronic communications and ephemeral messaging is rooted in...more
In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more
Texting in the course and scope of business communications is almost ubiquitous. If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more
Ages ago, hieroglyphics were painstakingly etched into stone. They communicated various types of messages, from fables to business transactions, and lasted thousands of years. Today, we still communicate the same type of...more
Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “off-channel communications” in the...more
The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more
In the wake of the collapse of two major U.S. banks, America’s public attention has refocused once again on the oversight and integrity of the financial markets. Amidst this backdrop, on March 10, 2023, Edward D. Jones &...more
On Friday, March 3, 2023, the Department of Justice (DOJ) Criminal Division released updated guidance regarding the “Evaluation of Corporate Compliance Programs.” Now in its fourth iteration, this guidance replaces the June...more
As a number of recent headlines demonstrate, the U.S. Securities and Exchange Commission (SEC) and other regulators have fined and penalized employers and employees in the financial services industry for non-compliance with...more
The U.S. Department of Justice (DOJ) recently released new guidance announcing several policy changes to further strengthen and clarify its approach to prosecuting corporate crime. The guidance, released through a memorandum...more
In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter...more
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more
MiFID II introduced obligations to record telephone conversations and any electronic communications that are intended to lead to a transaction. Records must be kept for at least five years. The COVID-19 pandemic, which...more
The COVID-19 pandemic has pushed employees out of the workplace in a way never experienced before. The effect often has been indiscriminate and impacted employees who traditionally do not have access to work email while...more
Mobile devices are everyone’s addiction, and each device could contain ESI essential to rounding out any discovery request. From text messages to device locations, from images to video and more, our mobile devices tell the...more