Law Practice Management and Technology

The Bottom Line Volume 35, No. 2, April 2014

The Dangers of “Bring Your Own Cloud” (BYOC) During e-Discovery

By Bill Tolson
President, Tolson Communications LLC

In the last year there have been numerous articles, blogs, webinars and panels discussing the legal perils of “Bring Your Own Device” or BYOD policies. BYOD refers to the policy of permitting employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to the workplace and to use those devices to conduct company business while accessing privileged company information and applications. The problem with BYOD is the company’s ability to access those devices as needed for things like eDiscovery search and litigation hold.

For example, how would you search for potentially relevant content on a smartphone if the employee wasn’t immediately available or refused to give the company access to it? Or how would you stop an employee from deleting data from the smart phone before you had contacted them?

Many organizations are considering or have already banned BYOD as a security risk (lost phones) as well as an eDiscovery liability.

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