David Horrigan, Esq., 451 Research

Transcription

1 University of Texas Mobility Monday Series BRING YOUR OWN DEVICE (BYOD): The Legal E Discovery, Regulatory, IT and HR Implications August 4, 2014 David Horrigan, Esq., 451 Research

2 451 Research Global research analyst firm New York based division of The 451 Group 451 founded in 1999 Daily qualitative & quantitative research 1,000+ clients served Publications, analyst advice, global events

3 David Horrigan Analyst and Counsel, Content Compliance & Legal Technologies, at 451 Research Licensed to practice law in Washington, D.C. Prior experience as in house counsel on technology and media issues and as a reporter for The National Law Journal and Law Technology News

4 BYOD: The Legal E Discovery, Regulatory, HR, IT Implications BYOD and the Changing Workplace BYOD in E Discovery and Case Law BYOD in Regulatory Actions and International Issues BYOD Best Practices

5 BYOD and the Changing Workplace BYO is More Than Just Devices BYOA: Bring Your Own Application BYOC: Bring Your Own Cloud BYOP: Bring Your Own Process

6 BYOD and the Changing Workplace Big Data The world created 23 exabytes of data in 2002 We now create that much data every seven days 90 percent of all data created since the beginning of time was created in the past two years

7 BYOD and the Changing Workplace

8 BYOD and the Changing Workplace BYOD and IT Penny Wise, but Pound Foolish?

9 BYOD and the Changing Workplace 451 Research Data Overall Percentage of Respondents Believing Information Governance is Very Important at Their Organizations 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% The Snowden Effect or Lack Thereof Dec (42%) Snowden June 2013 Dec (42%)

10 BYOD and the Changing Workplace 451 Research Data Importance of Information Governance and Size of Company 80% 70% 60% 50% 40% 30% Dec Dec % 10% 0% Over 1000 Employees Employees Emloyees 1 10 Employees

11 BYOD and the Changing Workplace 451 Research Data Importance of Information Governance and Job Function 60% 50% 40% 30% 20% Dec Dec % 0% IT/Engineering Scientific Staff Mid Level Management Senior Management

12 BYOD in E Discovery and Case Law Definition of Discovery The pre trial devices that can be used by one party to obtain facts and information about the case from another party in order to assist the party s preparation for trial. See also Deposition; Fishing trip or expedition Source: Black s Law Dictionary (6th Ed.) Note: The current edition (9th) is more diplomatic.

13 BYOD in E Discovery and Case Law Breakdown of E Discovery Costs Review 73% Processing 19% Collection 8% Source: Rand Corporation

14 BYOD in E Discovery and Case Law BYOD Case Law: City of Ontario v. Quon U.S. Supreme Court (2010) Quasi BYOD : Employer Owner Pager with Personal Use Employer Reserved Right to Monitor Activity Formal Computer Usage, Internet and E Mail Policy

15 BYOD in E Discovery and Case Law BYOD Case Law: Riley v. California (See also United States v. Wurie) U.S. Supreme Court (2014)

16 BYOD in E Discovery and Case Law BYOD Case Law: Employer Liability Distracted Driving: Clo White Co. v. Lattimore Mobile Devices, Commuting, and Scope of Employment Data Breaches: Resnick v. AvMed, Inc. Liability for Data on Stolen Laptops

17 BYOD in E Discovery and Case Law An Employer s Right to Control Device Use In re Guard Publishing Co. (Register-Guard), NLRB (2007) Employers can prohibit use of company system for non-work activities if policy is facially neutral on Section 7 rights. In re Purple Communications, Inc., NLRB (2014) NLRB invites briefs on whether Register-Guard should be overturned NLRB asks whether employee personal electronic devices affect the balance between employers rights to prohibit nonwork activities and employees Section 7 rights

18 BYOD in E Discovery and Case Law BYOD Case Law: Social Media No Reasonable Expectation of Privacy in Many Forms of Social Media See State v. Harris However, No Fishing Expeditions See Mailhoit v. Home Depot, USA, Inc. Follow Labor Law when Setting Social Media Policies See In re Hispanics United of Buffalo, Inc. Your Lawyer Can t Clean Up Facebook Posts See Lester v. Allied Concrete Co.

19 BYOD: Regulatory Issues FTC v. Wyndham Worldwide Corp.

20 BYOD: International Issues Negotiations on the Future of the Safe Harbor

21 BYOD Best Practices Policies and Procedures Limited Support of Personal Devices Remote Wiping and Locking Education and Training

22 Thanks for Attending. David Horrigan