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You know that a trend is on the rise when it earns itself a catchy acronym, and you know that a rising trend is no longer just a trend when mainstream news channels pick it up. As early as March 2012, NBCnews.com reported that “’Bring your own device’ is a huge concern among IT professionals.” While most coverage of the BYOD revolution is understandably concerned with basic security, even a malware-proofed and securely pass-coded smartphone presents what should be an equally bone chilling threat to in-house counsel: the threat of discoverability. Each of your colleagues’ iPhones, iPads, Blackberries and Androids contains more legally relevant ESI than most of us have dared imagine. As arbiters of risk assessment and defenders of intellectual property, perhaps no other position faces as much potential harm from a haphazardly concocted BYOD policy as does the in-house counsel.

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