There’s an App – and a Risk – for That

There’s an App – and a Risk – for That 

Manage your company-issued iPads to head off novel compliance headaches.

From the article:

Rule 34 of the Federal Rules of Civil Procedure is written broadly enough to cover new devices, such as iPads, that create, transmit, and preserve electronically stored information (ESI). As companies deploy more and different devices, dispersing their sources of ESI, the risk that preservation and collection efforts will fail to prevent spoliation and other e-discovery perils increases. While there are currently no published court opinions addressing discovery obligations as to iPad content, courts have extended the duty to preserve and produce to content on PDAs (personal digital assistants) such as BlackBerrys, particularly when such information is unique rather than replicated on the company’s network. Counsel should assume that litigation hold obligations will extend to iPad content in their employees’ possession or control.

 

Employees who are free to add or delete their own iPad apps may unknowingly create legal and compliance risks. For example, an employee who deletes an app may unintentionally also delete all content related to that application, including user-created or downloaded content. To the extent that this application contains critical business data, or data subject to a litigation hold, its loss could carry serious consequences. In many situations, this will heighten the litigation hold responsibilities for iPad-equipped employees.

Source: Corporate Counsel

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