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The Challenge of “BYOD” and “COPE”: What’s an Employer to Do?

Product Code - LGA135
Speaker(s): Conor R. Crowley, Crowley Law Office; Maura R. Grossman, Wachtell, Lipton, Rosen & Katz; Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus
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The concepts of BYOD (bring your own device) and COPE (company owned, personally enabled) involve mobile technologies that are used for both business and personal purposes. These technologies can pose myriad challenges including, but not limited to, issues involving ownership (possession, custody, and control), privacy, security, records and information management, and electronic discovery.

Why has this happened? Quite simply, there has been a revolution in the workforce involving how employees communicate and work using mobile devices and other new forms of communication. These developments impact employers in ways they do not always anticipate. This program will explore the risks and benefits of these new media and measures that corporations and their counsel can take to mitigate the challenges posed by BYOD and COPE.

Educational Objectives:

• Understand the purposes of BYOD and COPE and how these are integrated into the workplace.

• Learn what liability may attach to the employer when an employee utilizes BYOD or COPE for business or other purposes.

• Find out what access and ownership rights attach when business is conducted through BYOD or COPE.

• Find out what privacy rights attach when the employee communicates through BYOD or COPE.

• Understand which employee policies might address COPE and BYOD to minimize challenges.

Who would benefit most from attending the program?

This program would most benefit in-house counsel and information technology personnel, both of whom are responsible for the introduction and integration of BYOD and/or COPE in the workplace. For the same reason, corporate business managers and decision-makers would also greatly benefit, as would outside counsel to businesses, who must understand BYOD and COPE in order to advise and represent their clients.

Program Level: Intermediate/Advanced

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Conor R. Crowley, Crowley Law Office; Maura R. Grossman, Wachtell, Lipton, Rosen & Katz; Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus

Conor R. Crowley, CIPP/US/E, Crowley Law Office
Conor Crowley is principal of the Crowley Law Office, advising corporate and law firm clients on e-discovery, information management and data privacy, in addition to providing expert witness and special master services. He is the Chair of The Sedona Conference Working Group on Best Practices for Electronic Document Retention and Production (WG1) and a member of the Advisory Board for Georgetown University Law Center’s Advanced E-Discovery Institute, the Board of Advisors for Bloomberg BNA’s Digital Discovery and e-Evidence, and the International Association of Privacy Professionals. Mr. Crowley is the Editor-in-Chief of The Sedona Conference Commentary on Proportionality in E-Discovery and Senior Editor of a number of The Sedona Conference’s publications including The Sedona Conference Commentary on Legal Holds and The Sedona Principles (Second Edition): Best Practices Recommendations & Principles for Addressing Electronic Document Production.

Maura R. Grossman, Wachtell, Lipton, Rosen & Katz
Maura R. Grossman is Counsel at Wachtell, Lipton, Rosen & Katz, where she advises the firm and its clients on legal, technical, and strategic issues involving electronic discovery and information management, both in the U.S. and abroad. Ms. Grossman is co-chair of the E-Discovery Working Group advising the New York State Unified Court System and a member of the Steering Committee of The Sedona Conference® Working Group 1 on Electronic Document Retention and Production. She is a past coordinator of the Legal Track of the National Institute of Standards and Technology’s Text Retrieval Conference (TREC), a joint government/industry/academic research project studying the application of automated information retrieval technologies to e-discovery. Ms. Grossman teaches electronic discovery at Columbia Law School and serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery and E-Evidence Report and the Georgetown University Law Center’s Advanced E-Discovery Institute. In addition to her law degree from the Georgetown University Law Center, Maura also holds an M.A. and Ph.D. in Psychology from Adelphi University.

Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus
Ron Hedges is a special master, arbitrator, and mediator working with e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center, where he teaches e-discovery and e-evidence. He also teaches at Rutgers School of Law—Newark. Mr. Hedges is author of, among other publications, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007). He serves on the Advisory Board for The Sedona Conference®.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at