Crane on Law by James Crane

The June issue of the ABA Journal featured an article about how divorces are as ugly as ever despite the legal profession’s efforts to provide nuanced and sophisticated solutions like the “collaborative approach.” Because my practice focus is the defense of corporations, I was reminded how easily a company and its electronic data can get dragged into disputes despite no wrongdoing on its part. With so many company employees using portable technology belonging to the corporation, it only stands to reason that those devices and the data stored on them will be the routine subject of inquiry in a divorce. In my discussions with my friends who practice family law, they confirmed that attorneys are quick to go after the devices to try to uncover any embarrassing or damning information that may be stored within. The devices also have an activity log that can shed light on what spouses were doing, who they were communicating with, and when the communications took place. Many companies have Acceptable Use policies in place to govern how company devices are to be used. That’s a good start, but there must still be effective education and enforcement of the policy. As part of our corporate consulting services, we offer training programs and seminars to address the dangers of misuse of company devices and careless email communications.