Learn how to stay compliant and keep your mobile information safe.
Day-to-day management of electronically stored information (ESI) has become more complex in an era of widespread use of mobile devices by executives and staff. There are also more and more ramifications downstream in electronic discovery (e-discovery). It behooves most every organization to take proactive steps to avoid risks and costs not only day-in and day-out as well as once in reactive mode in e-discovery. A host of smartphone liability risks face employers, executive and staff. Among those are: employer vicarious liability, such as for harassment or invasion-of-privacy for employees' activities; data breaches; monitoring over-reaching; overtime-pay lawsuits; and hazards caused by distracted employees who drive on the job or work in manufacturing plants. The presenter, a hybrid lawyer-technologist, will provide many practical tips for companies of all shapes and sizes, in part by using the highly publicized NFL Deflategate situation as a case study. 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, a court could, in effect, classify the context as being COPE (Company-Owned-Personally-Enabled).
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Agenda
Introduction
- Definitions and Acronyms
- Proactive Policies Help Downstream
- Smoking Guns - Examples, Including Deflategate
Some Key Liability Risks
- Vicarious Liability for Employees' Bad Conduct
- Data Breaches
- Monitoring Over-Reaching
- Wage/Hour (OT Pay) and Other Labor Law Claims
- Hazards Violating Workplace Safety Laws Such as OSHA
- Ediscovery Law/Process
Proactive Policies
- Compliance Basics
- Technology Acceptable Use Policy (TAUP) - Some Key Aspects
- BYOD/COPE - Mobile Device Management (MDM) Policies and Agreements
Internet of Things (IOT) and Internet of Bodies (IOB)
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 17, 2019.
Call 1-866-352-9540 for further credit information.
- ASAP PACE 0.1
- This course is pre-approved through the American Society of Administrative Professionals (ASAP) for 0.1 CEU(s) towards your PACE Recertification.
- IAAP 1.5
- All education that aligns with the CAP Body of Knowledge can be used toward recertification. Lorman Education Services believes this course does align and should be counted toward recertification. Please visit IAAP's certification webpage to review recertification details and requirements. https://www.iaap-hq.org/page/CAP_Recertification. Course Length: 1.5.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Robert D. Brownstone, Esq.
Fenwick & West LLP
- Technology and e-discovery counsel, and Electronic-Information-Management (EIM) group chair at Fenwick & West LLP, a 300+ attorney, Silicon Valley based, national law firm where he has been a lawyer and technologist for 20 years
- Advises clients and colleagues on retention/destruction policies/ protocols, information security, data privacy, all sorts of electronic information management, electronic discovery, eWorkplace policies and social media rewards and risks
- Nationwide conference chair, panel moderator, speaker and writer on many law and technology issues, including on the www.ITLawToday.com blog
- Has taught electronic discovery law and process nationwide a dozen times at four law schools
- Periodically quoted in the mainstream and legal press as a source on electronic information issues
- Educational Advisory Board member of: National Employment Law Institute (NELI), ALM Legal Tech, ASU/Arkfeld and Rutgers U. Big Data
- J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
- Can be contacted at [email protected]
- Full bio and extensive bibliography at https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx
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