Program Details
2025-11-17 13:00:00
Over 1,000+ webinars
Course Overview
2025-11-17 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 1:15 pm ESTThis 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
Ryan Band 1:15 pm - 1:30 pm ESTExplore 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 OverlyRyan Band 1:30 pm - 1:45 pm ESTThis 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 OverlyRyan Band 1:45 pm - 2:00 pm ESTUsing 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 OverlyRyan Band 2:00 pm - 2:10 pm ESTA brief intermission allowing attendees to refresh before continuing with best practices and compliance strategies.
Mike OverlyRyan Band 2:10 pm - 2:20 pm ESTLearn 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 OverlyRyan Band 2:20 pm - 2:35 pm ESTThis 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 OverlyRyan Band 2:35 pm - 2:50 pm ESTExplore 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 OverlyRyan Band 2:50 pm - 3:10 pm ESTThis 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 OverlyRyan BandMichael 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.
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.
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.
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.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
