Complex Corporate Litigation in Brevard County FL and BYOD Policies


Bring Your Own Device policies have become increasingly popular, creating a web of personal and business contacts and transactions that are completed on the same device, which can possibly implicate issues that can affect complex corporate litigation in Brevard County Florida.  These devices may contain important information on them that can directly impact complex corporate litigation in Brevard County Florida.  Having specific policies in place can often safeguard employers’ interests.

Individuals and businesses may be required to preserve certain relevant electronic information if there is a reasonable likelihood that a triggering event will result in litigation.  While businesses can remain compliant with such policies by retaining electronically-stored information in a safe manner for a specified duration, BYOD policies can affect an employer’s ability to preserve such evidence when it is stored on devices that employees have control over and that they use for personal reasons.  Employees may not wish to voluntarily turn over devices that keep private information on them simply because the employer is caught up in litigation.  Even if an employee agrees to turn over a phone, he or she may not be as vigilant about saving the electronically-stored information.  If an employer does not retain this expected information, it may find itself subject to sanctions or assumptions that work against its interests.

To avoid the possibility of these negative repercussions, employers may consult with a business law lawyer who can draft new policies to ensure that information is stored properly and in a manner consistent with the law.  Additionally, these provisions may discuss security requirements and the employer’s access to the employee’s personal device.