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 34 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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More Program Information
Why Lorman?
Over 34 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.
- 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.
- 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.
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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 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 34 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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