Description
Understand the characteristics behind mobile devices, the case law, and implications for litigation and investigation.Mobile devices are impacting corporations profoundly in ways both obvious and subtle. As inhouse counsel, IT staff and the security department grapple with bring your own device (BYOD) policies, security issues, and the massive proliferation of data generated by mobile devices they may not be focusing as closely on litigation and investigational risks caused by mobile device data. Potentially responsive discovery dataor data that may be necessary for internal and external investigations regarding HR matters, fraud, IP theft, and morethat resides on smartphones, tablets, and other devices isn’t only hard to track, it can be extremely difficult to capture and preserve. As with most risks, playing catchup once an incident occurs is a prescription for failure. Thinking proactively about these issues will allow legal departments to take control and avoid trouble later on. This presentation will help the persons involved with data collection to understand the characteristics behind mobile devices, the case law and implications for litigation and investigation in connection with the collection of mobile device data, and how to proactively manage the collection, review, and production of mobile data.
Date: 2023-04-20 Start Time: End Time:
Learning Objectives
Mobile Device Characteristics
• More Than 90% of American Adults Have a Cell Phone
• Much of the Data Contained on a Mobile Device Can Be Potentially Responsive to an E-Discovery Inquiry or Company Investigation
• Unique Characteristics Surrounding Mobile Device Data Come Together to Create a Volatile and Important Source of Corporate Data
Implications for Litigation and Investigations
• Legal Teams May Look the Other Way and Not Ask for Their Adversarys Mobile Information in the Hopes That the Adversary Will Not Ask for Theirs Either
• There Is Abundant Case Law That Makes It Clear That Mobile Data Is Discoverable
Challenges for Legal, It, and Security
• Company-Issued Devices That Do Not Allow Mixed Professional and Personal Use Are Becoming Increasingly Rare
• Many Organizations Mix BYOD (Bring Your Own Device) With Company-Owned, Personally-Enabled (COPE) Devices and Policies, Which Can Bring Similar Benefits
• It Is Critical to Have a Policy in Place That Forces the Employee to Surrender Devices Used for Company Business When Necessary
Challenges With Preservation and Collection
• Legal Departments, Working With Outside Counsel and Other Experts, Must Consider How to Impose, Enforce, and Document Legal Holds for Mobile Devices
• It Is Critical to Communicate to Employees When the Data on Their Mobile Devices Is Subject to a Litigation Hold and to Suspend Any Regular Deletion of Text Messages and Mobile Data
• Collection of Mobile Device Data Represents a Major Challenge to Stakeholders
• Cross-Border Investigations and Lawsuits Further Complicate Matters
Steps to Proactively Manage Mobile Device Data
• Rather Than Working Defensively, Organizations Can Prepare Thoroughly Enough to Be Ready
• Any Plan Should Explicitly Address E-Discovery Collection Strategies, as Well as Preservation and Deletion Plans in the Event of a Litigation Hold
• Organizations Should Also Find Trusted Partners That Have the Sophistication, Experience, and Knowledge to Manage Data on Mobile Devices
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,IAPP ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Jason R. Mattox-King & Spalding
