The Future of Technology and Data Sources
New data sources have created challenges for organizations involved in litigation. Smartphones and tablets, used by employees for both personal and business purposes, have increased eDiscovery exposure and costs. In the past, arguments regarding the burden of collecting data from these devices may have been accepted. However, these devices may now be the only “business records” available to support a case. Smartphones and tablets have become virtual offices for many employees, and they continue to improve rapidly. New, more powerful devices emerge nearly every week. Some smartphones now rival the power of laptops from just a few years ago.
Mobile Data Poses Issues
Employees often store work-related data on their personal devices, yet this data is rarely backed up on company servers, even though it may be crucial for litigation. Many employees replace their devices frequently, ensuring they always have the latest model. This often occurs without considering the importance of preserving relevant business data on old devices. Searching for this data feels like searching for a needle in a moving haystack. If a company lacks policies that prevent employees from using personal devices for business purposes, it risks losing control of crucial information. Companies must include this data in their data mapping, litigation holds, and preservation efforts. Courts are now requiring both parties to use best practices and technology correctly.
Collecting Mobile Technology Tips #1 – Know Where Your Data Resides, and Maintain Control to Access It
eDiscovery Gets Even More Complicated
Even with clear policies in place, organizations must have the ability to efficiently collect data for eDiscovery. This means collecting potentially relevant data so attorneys can review it. Specialized software and skills are necessary to collect data from mobile devices while maintaining its integrity. Mobile devices have diverse storage systems and operating systems, making the process more complex than creating a mirror image of a hard drive. Every device is different, and the industry has not yet developed universal standards. A few years ago, RIM BlackBerries dominated the smartphone market. Today, many other devices and new leaders are emerging.
Collecting Mobile Technology Tips #2 – Ensure You Have the Necessary Technology to Collect from All Devices, Including Mobile
Understanding What Can Be Collected and How – Critical to Success
The data collection and forensic team must have expertise to ensure proper procedures. Use court-recognized tools and vendors with experience in identifying and preserving potentially relevant data, including text messages, emails, voicemails, GPS data, and photographs. DiliTrust has the expertise to collect data from a wide range of mobile devices. We work with counsel to extract the data in a forensically sound manner and upload it to ECA tools or review platforms. We understand the risks and the importance of doing this correctly. Recent legal cases highlight how crucial this process has become.
Collecting Mobile Technology Tips #3 – Choose a Collections Team That Knows the Risks and Procedures to Avoid Spoliation
Get Help When You Need It
Sign up for a free demo of our eDiscovery solution, doeDiscovery™, which includes mobile technology collection. In just 30 minutes, you’ll learn how our legal service provider can deliver value, project metrics, and operate within a completely court-defensible collection process.
Collecting Mobile Technology Tips #4 – Contact Us to Discuss How to Best Manage Your eDiscovery Tools and Services. We’re Here to Help!