The BYOD Horse is out of the Barn: What Now Inside Counsel? and The BYOD Horse is out of the Barn: Risks and Consequences of Mobile Devices in the Workplace by Matt Nelson. I have included the first two articles in the BYOD series by Nelson. Although this material is geared toward inside counsel and corporate environments, it is also critical information for outside counsel who often face the challenges of managing preservation and collection in a client’s BYOD workplace.
Don’t Forget to Close the Back Door: Vendor Management and Privacy by Paige M. Boshell. After a series of well-publicized data breaches in 2013-2014, cyber-security and personal privacy have become part of the public zeitgeist. Boshell draws our attention to how data vendors (legal services or otherwise) may be open “back doors” or threats to security.
E-discovery Best Practices for your Practice, Step 6: Evidence by Kate Mortensen. Mortensen finalizes her analysis of the EDBP with a description of the use of ESI as evidence focusing on the FRE guidelines for admitting documents and reminding the reader that an efficacious process that follows the EDBP will well-position us the evidentiary stage.
New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI by H. Christopher Boehning and Daniel J. Toal. Because it is so well written and referenced, I include a fourth article this week. Boehning and Toal provide a methodical description of how the final proposed amended Rule 37(e) affects the Second Circuit’s precedential approach to sanctions in cases where parties are deprived of ESI.