BYOD Policy Lessons From Pork Antitrust Litigation

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By Ana Cabassa-Torres, Matthew Rotert and Levon Sutton (April 28, 2022, 5:56 PM EDT) — In recent years, many companies have found bring-your-own-device, or BYOD, policies to be beneficial in the ordinary course of business. However, BYOD plans can create a natural tension between the employer’s need to meet its discovery obligations and the employee’s interest in privacy when it comes to litigation.

A recent decision in the In re: Pork Antitrust Litigation, pending in the U.S. District Court for the District of Minnesota, suggests that a properly crafted BYOD policy that strikes a balance between protecting the company’s interests and the employees’ interests may be determinative of whether the company has any legal right or…

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