Smartphone Liabilities for Administrative Professionals


Day-to-day management of electronically stored information (ESI) has become more complex in an era of widespread use of mobile devices by executives and staff. There are also more and more ramifications downstream in electronic discovery (e-discovery). It behooves most every organization to take proactive steps to avoid risks and costs not only day-in and day-out as well as once in reactive mode in e-discovery. A host of smartphone liability risks face employers, executive and staff. Among those are: employer vicarious liability, such as for harassment or invasion-of-privacy for employees’ activities; data breaches; monitoring over-reaching; overtime-pay lawsuits; and hazards caused by distracted employees who drive on the job or work in manufacturing plants.

Fenwick Technology and eDiscovery counsel Robert Brownstone will provide many practical tips for companies of all shapes and sizes, in part by using the highly publicized NFL “Deflategate” situation as a case study.


  • Definitions and Acronyms
  • Proactive Policies Help Downstream
  • Smoking Guns – Examples, Including Deflategate

Some Key Liability Risks:

  • Vicarious Liability for Employees' Bad Conduct
  • Data Breaches
  • Monitoring Over-Reaching
  • Wage/Hour (OT Pay) and Other Labor Law Claims
  • Hazards Violating Workplace Safety Laws Such as OSHA
  • Ediscovery Law/Process

Proactive Policies:

  • Compliance Basics
  • Technology Acceptable Use Policy (TAUP) – Some Key Aspects
  • BYOD/COPE – Mobile Device Management (MDM) Policies and Agreements

Internet of Things (IOT) and Internet of Bodies (IOB):​