Is this data discoverable?
Many judges deem that employers have possession, custody or control over mobile device electronically stored information. While the employer may refute accountability for data on a BYOD (bring your own device), courts may categorize the data as being COPE (company owned, personally enabled). This is why it is extremely important for companies to have steps in place to reduce risks and the costs involved when they find themselves in reactive mode with e-discovery. This video reviews case law that deals with discoverability and spoliation, and discusses the practicalities of preservation.
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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