Extract from Kelly Twigger’s article “CaseoftheWeek Episode 114: Does an Employer Have Custody or Control over an Employee’s Personal Email Account?”
In Episode 114, our CEO, Kelly Twigger discusses whether a corporation had “control” over an employee and member of the Board of Directors’ personal email account when that employee lives and works outside the US.
Introduction
Welcome to this week’s episode of our Case of the Week series brought to you by eDiscovery Assistant in partnership with ACEDS. eDiscovery Assistant is a SaaS based platform that helps lawyers and legal professionals manage the power of ESI as evidence by reimagining the way we conduct legal research and training for ediscovery.
My name is Kelly Twigger. I am the CEO and founder at eDiscovery Assistant, as well as the principal at ESI Attorneys. Each week on our Case of the Week series, I choose a recent decision in ediscovery and talk to you about the practical implications of that judge’s ruling, what it means for you, your practice, and for your clients, and how to do the discovery of ESI better.
Unlike any other substantive area in the law, the constantly evolving landscape of technology means that trial courts on both the federal and state level are regularly issuing new opinions on parties’ obligations around ESI. Because the bulk of our learning in ediscovery comes through case law, diving into the details of those decisions and what our practical takeaways are is one of the best ways to understand the issues and details we need to focus on in planning and executing any discovery.
