Beth Hurley

Beth Hurley

October 24, 2024 | The Legal Intelligencer

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.

By Beth Hurley

6 minute read