In the latest in their series on mobile device discovery, Cimplifi discusses traditional challenges associated with mobile device collection!

In their post titled (wait for it!) Going Mobile: Traditional Challenges Associated with Mobile Device Collection (available here), Cimplifi discusses how despite the ubiquity of mobile devices in our lives (including our work lives), many cases involving discovery of electronically stored information tend to exclude discovery of ESI from mobile devices. In eDiscovery Today’s 2024 State of the Industry Report, only 13.2% of corporate respondents said they have mobile device data in their cases all or most of the time, while three times as many respondents (39.5%) said they have mobile device data rarely or never in their cases.

Mobile device discovery has historically been so challenging that many parties in litigation agree up front not to pursue ESI from mobile devices – despite the potential existence of key communications in text and other messaging platforms. The typical approach of forensic full file system collection – while certainly justifiable in certain cases – is often simply not proportional for many of the mobile devices potentially discoverable today.

So, what are the traditional challenges associated with mobile device collection? Find out here, it’s only one click! You can even read them on your mobile device! 😀

So, what do you think? How often does mobile device data factor into your litigation cases today? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “robot lawyer using a mobile device in a courtroom”.

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Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.