Learn the current state of discovery of electronic stored information when looking specifically at a litigation standpoint.
Day-to-day management of electronically stored information (ESI) has continued to become more complex in an era of extremely widespread use of mobile devices by executives and staff. There are also more and more ramifications downstream in electronic discovery (e-discovery). 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, the court could, in effect, classify the context as being COPE (Company Owned Personally Enabled). It behooves most every organization to take proactive steps day-to-day to avoid risks and costs once in reactive mode downstream in e-discovery. In part by using the NFL Deflategate; situation as a case study, the presenter, a hybrid lawyer technologist, will provide many practical tips for companies of all shapes and sizes.
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Why Lorman?
Over 33 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.
Agenda
Overview
- Definitions and Acronyms
- Proactive Policies Help Downstream
- Smoking Guns - Examples, Including "Deflategate"
Proactive Policies
- Compliance Basics
- Technology Acceptable Use Policy (TAUP) - Some Key Aspects
- No Employee Expectation of Privacy (Not in EU)
- Broad Inspection Right
- Unauthorized Access CFAA
- BYD/COPE - Mobile Device Management (MDM)
Reactive Mode - E-discovery Law/Process
- Discoverability
- Possession, Custody or Control
- Employer Outer Bounds
- Preservation/Spoliation
- Forensics
Internet of Things (IoT) and Internet of Bodies (IoB)
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Why Lorman?
Over 33 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 April 4, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- MN CLE 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- NC CLE 1.5
- This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- NALA 1.53
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.53 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 33 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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Why Lorman?
Over 33 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.
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