Beth Hurley of Kang Haggerty. Courtesy photo An Employer's Rule 34 'Possession, Custody and Control' Over ESI on 'BYOD' Devices
Until the circuit split regarding Rule 34 "control" over ESI possessed by a third party is resolved, determining an employer's obligation to preserve and produce ESI contained on an employee's personal mobile device that is used for work-related purposes will remain murky waters.
October 24, 2024 at 11:16 AM
6 minute read
The now well established "BYOD," or "bring your own device" trend, creates turbulent waters for an employer to navigate when employees use their personal mobile devices for both business and personal purposes. Along with employee privacy and employer data security concerns, a BYOD policy may subject the data on personal devices to discovery.
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