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Business Texts on Personal Phones and Compliance Risks: Navigating Discovery, Liability, and Regulatory Pitfalls in the Digital Age

2025-11-17 13:00:00

2025-11-17 13:00:00

2 Credits

Comprehensive overview of BYOD legal risks, discovery challenges, and compliance strategies for organizations navigating personal device policies in regulated environments.

2025-11-17 13:00:00

Comprehensive overview of BYOD legal risks, discovery challenges, and compliance strategies for organizations navigating personal device policies in regulated environments.

2025-11-17 13:00:00

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Trusted by Legal Professionals

Course Overview

Navigating BYOD Legal Risks and Compliance

Participants will learn to structure BYOD policies that satisfy discovery obligations and minimize regulatory exposure. These strategies help organizations avoid enforcement actions while maintaining effective mobile communication practices.

Key topics that will be covered

What will you learn

Attorneys will learn how BYOD policies affect civil discovery obligations, including the legal rights and practical ability tests courts apply to determine employer control over employee device data.

What will you gain

Attorneys will gain practical strategies for building compliant BYOD policies, conducting effective training, and coordinating legal and compliance teams to minimize regulatory liability.

Discovery Rules
Federal Rules 34 and 45 govern possession, custody, and control in BYOD discovery.
Enforcement Actions
SEC and CFTC imposed approximately $1.1 billion in fines for communication failures in 2022.
Employee Liability
Employees face personal consequences including adverse inference instructions for spoliation of messages.
Ephemeral Messaging
Signal and similar platforms create unique compliance challenges for preservation and e-discovery.
Policy Development
Effective BYOD policies require clear language, stakeholder involvement, and explicit data access provisions.
Cross-Department Coordination
Breakdowns between legal and compliance functions are a primary cause of regulatory violations.

What will you learn

Attorneys will learn how BYOD policies affect civil discovery obligations, including the legal rights and practical ability tests courts apply to determine employer control over employee device data.

What will you gain

Attorneys will gain practical strategies for building compliant BYOD policies, conducting effective training, and coordinating legal and compliance teams to minimize regulatory liability.

Agenda

Session 1

Statutory Framework and Civil Discovery Requirements Overview

Session 2

How Regulatory Investigations Get Started

Session 3

Corporate Liability Risks for Regulated Entities

Session 4

Individual Employee Liability and Personal Accountability

Break

Scheduled Break

Session 5

Best Practices for Mobile Business Communications

Session 6

Identifying Key Areas of Potential Liability

Session 7

The Critical Role of Compliance Programs

Session 8

Practical Strategies for Maintaining Regulatory Compliance

clock 1:00 pm - 1:15 pm EST

Statutory Framework and Civil Discovery Requirements Overview

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

This session examines the foundational legal principles governing BYOD policies, focusing on possession, custody, and control under Federal Rules of Civil Procedure 34 and 45. Attendees will learn about the legal rights test versus the practical ability test and how clear policy language affects discovery obligations.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 1:15 pm - 1:30 pm EST

How Regulatory Investigations Get Started

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

Explore the common triggers for regulatory investigations, including whistleblower tips, discovery gaps, and off-channel communications. The JP Morgan Securities case study illustrates how routine investigations can uncover widespread preservation failures leading to industry-wide enforcement actions.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 1:30 pm - 1:45 pm EST

Corporate Liability Risks for Regulated Entities

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

This session covers the unprecedented enforcement wave by the SEC and CFTC, which imposed approximately $1.1 billion in fines for communication preservation failures. Attendees will examine key case law including In re Pork Antitrust Litigation and learn how inadequate policies create substantial organizational exposure.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 1:45 pm - 2:00 pm EST

Individual Employee Liability and Personal Accountability

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

Using the Mira Montes v. Peraton case, this session demonstrates how individual employees face personal consequences for spoliation of evidence on personal devices. Participants will understand preservation obligations, adverse inference risks, and the importance of complying with litigation holds.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 2:00 pm - 2:10 pm EST

Scheduled Break

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

A brief intermission allowing attendees to refresh before continuing with best practices and compliance strategies.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 2:10 pm - 2:20 pm EST

Best Practices for Mobile Business Communications

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

Learn practical strategies for navigating texting and ephemeral messaging in the workplace while maintaining compliance. This session covers approved communication channels, structuring messages with discovery in mind, and implementing effective training programs.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 2:20 pm - 2:35 pm EST

Identifying Key Areas of Potential Liability

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

This session addresses seven critical risk categories including data mixing, information security, software licensing, and device disposal. Attendees will learn about common compliance mistakes and strategies to identify and avoid liability pitfalls.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 2:35 pm - 2:50 pm EST

The Critical Role of Compliance Programs

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

Explore how proactive compliance prevents liability through good faith preservation efforts, consistent training, and thorough documentation. This session emphasizes the essential coordination between legal and compliance departments and the importance of comprehensive data mapping.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

clock 2:50 pm - 3:10 pm EST

Practical Strategies for Maintaining Regulatory Compliance

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

This concluding session provides actionable guidance on building effective BYOD policies using the three pillars of policy, training, and enforcement. Attendees will learn about technology solutions, handling investigations confidently, and preparing for emerging challenges including AI-generated communications.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

01 09
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Mike Overly

Foley & Lardner LLP

Ryan Band

Crowell & Moring LLP

Mike Overly

Foley & Lardner LLP

Michael R. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in technology acquisition, information security, electronic commerce, and online law as a partner in the firm’s Technology Transactions, Cybersecurity, and Privacy Practices.

Education & Credentials

Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), Certified Outsourcing Professional (COP)

Recognition & Leadership

One of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain multiple cybersecurity and privacy certifications.

Experience

Partner at Foley & Lardner LLP in the Technology Transactions, Cybersecurity, and Privacy & Privacy, Security & Information Management Practices. Extensive experience in drafting and negotiating technology-related agreements and counseling clients on information security and electronic commerce matters.

Mike Overly

Foley & Lardner LLP

Michael R. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in technology acquisition, information security, electronic commerce, and online law as a partner in the firm’s Technology Transactions, Cybersecurity, and Privacy Practices.

Education & Credentials

Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), Certified Outsourcing Professional (COP)

Recognition & Leadership

One of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain multiple cybersecurity and privacy certifications.

Experience

Partner at Foley & Lardner LLP in the Technology Transactions, Cybersecurity, and Privacy & Privacy, Security & Information Management Practices. Extensive experience in drafting and negotiating technology-related agreements and counseling clients on information security and electronic commerce matters.

Ryan Band

Crowell & Moring LLP

Ryan Band is a Litigation and Health Care associate with nearly a decade of experience managing e-discovery for substantial government investigations and civil matters. He helps clients navigate complex problems, providing practical, timely, and defensible solutions across a variety of issues.

Professional Involvement

Deeply committed to pro bono and community service, representing criminal defendants, handling civil matters, and advocating for veterans. Currently serving on the DC Bar Litigation Community Steering Committee to foster community engagement among legal professionals.

Experience

Nearly a decade of experience managing e-discovery for substantial government investigations and civil matters. Skilled at translating complex legal concepts into accessible information.

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Special credits (Ethics, Elimination
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Why Attend

Why this 
program matters

Understanding BYOD policies is essential for legal practitioners because improperly managed personal device communications can trigger multibillion-dollar enforcement actions, spoliation sanctions, and adverse inference rulings.
$3.5B+
Combined SEC and CFTC penalties levied against financial firms for off-channel communication recordkeeping failures since 2021. (Compliance Week, 2025)
68%
Of data breaches involve a non-malicious human element such as falling for social engineering attacks or making preventable errors. (Verizon 2024 Data Breach Investigations Report)
35%
Increase in mobile device data usage in eDiscovery cases between 2022 and 2024 as smartphones become routine evidence sources. (Electroiq eDiscovery Statistics, 2025)
67%
Of employees use personal devices for work regardless of whether their company has an official BYOD policy in place. (Microsoft research via 99firms)

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