personal electronic devices
Michelle Rafter of Workforce Magazine reports that 90 percent of adults in the United States have cell phones. Given that percentage, it’s not surprising that most employers have determined that they should have a cell phone policy.
Applying the principle of proportionality to preservation of electronically stored information (ESI) is gaining traction, as witnessed by recent court opinions, thought leadership and even proposed amendments to the Federal Rules of Civil Procedure.
E-discovery works both ways. A party not only has the right to obtain electronic information from its adversary, but it also has an obligation to produce similar information.