April 10, 2025
Alison McMinn Leads CLE on Navigating the Legal Risks of BYOD in the Workplace
The modern workplace no longer fits neatly within office walls—or office-issued devices. With the rise of remote and hybrid work, employees are increasingly relying on personal phones, tablets, and laptops to stay connected. But while this flexibility offers convenience and cost savings, it also introduces complex legal risks when litigation arises.
Attorney Alison McMinn recently led a Continuing Legal Education (CLE) session titled “Bring Your Own Device: Navigating the Rough Seas of E-Discovery with a Strong BYOD Policy at Your Back,” where she led attorneys through the growing challenges associated with BYOD (Bring Your Own Device) in the context of e-discovery.
Drawing from her extensive experience in both trial and appellate courts, Alison delivered practical insights on how courts evaluate data stored on personal devices and the standards for determining “control” under federal and state discovery rules. She emphasized the importance of proactively assessing a client’s BYOD policy—before litigation hits.
“The reality is, if employees are using personal devices for work, the data on those devices may be fair game in discovery,” said McMinn, Partner at FormanWatkins. “Without a strong, well-communicated BYOD policy, companies can find themselves exposed to legal, reputational, and financial risks they didn’t anticipate.”
Her presentation focused on high-level strategies for drafting and reviewing BYOD policies, including:
- Defining acceptable devices and usage
- Addressing data access, auto-delete functions, and preservation obligations
- Setting clear expectations for employees, including signed acknowledgements and training
While legal standards vary across jurisdictions, and Mississippi courts have yet to squarely address BYOD control in ESI disputes, Alison underscored that a proactive, tailored policy is the best defense. It’s not just about checking a compliance box; it’s about laying the groundwork to protect client data and mitigate discovery risks.
This CLE is one of several ways Alison continues to help businesses and legal teams prepare for the evolving demands of digital-era litigation. With her sharp legal acumen and client-first approach, she remains a trusted advisor in guiding organizations through these uncharted waters.
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