Law Technology

Discovery of Employee-Owned Computer Equipment

By Michael Arkfeld

Discovery of Employee-Owned Computer Equipment.  "Whether they are large or small, businesses struggle with the question of whether discovery requests served on the company also extend to home computers, cell phones, and other equipment personally owned by employees of the company. In a time when many corporate e-mail systems offer web access and telecommuting is increasingly common, this is not a simple analysis. Courts, too, have struggled for some time to find consistent rules for resolving this issue, and this is one situation where the amended Federal Rules of Civil Procedure have not provided significant additional guidance. A number of simple tests, however, can often suggest how many requests should be resolved, both at the enterprise level and with respect to specific individuals? I. Has the personal equipment been used for business purpose . . ."

Full post as published by Electronic Discovery & Evidence on January 02, 2008 (boomark / email).