What rights of access do employers have to employee private text messages on employee cell phones? Are there steps employers can take to enhance their state of readiness to obtain access to business information on employee personal devices?

Thomson Reuters' Legal Current reporter Leonard Lee interviewed John Martin, practice leader with Nelson Mullins Encompass, to discuss issues surrounding the recent controversy involving Tom Brady, the Wells report, and "deflategate."

In this podcast, John discusses the eDiscovery interplay and the real issues that companies and their employees face. John shares insights on how to enhance an organization's general state of readiness with regard to these situations, employee expectations with regard to privacy, practical considerations regarding risks and cooperation with information requests, and the interplay with electronic discovery.

Some tips to consider include:

  • Business communications channels- consider defining which communications channels may be used for business communications
  • Acceptable use policy- consider establishing an acceptable use policy that describes expectations regarding acceptable use of channels for business communications
  • BYOD in specific- if BYOD is permitted, consider including provisions in any BYOD policy that provide for company access to information if needed for preservation or production purposes in litigation

Access the Thomson Reuters podcast here

Access a related Nelson Mullins Perspective resource on BYOD here

Access a related Nelson Mullins Perspectives resource on electronic communications channels here