Mobile devices are more important than ever in discovery. In this post, CloudNine discusses how your phone might be the star witness!

The post, titled Mobile Data Matters: Because Your Phone Might Be the Star Witness (written by Sheila Sadaghiani and available here), recaps a session from the Masters Conference – Denver, moderated by Chip Koons, CEO at Veracity Forensics. The panelists were Rick Clark, VP of Strategic Partnerships and Marketing at CloudNine, Melinda Redenius, Forensic Consultant at Veracity Forensics and Sean Solis, Counsel at BakerHostetler. The session offered a sweeping view of how AI has evolved in the eDiscovery space and where it’s heading next.

The panel discussed at least three challenges related to mobile devices. Here’s one of them:

Challenge #1: Privacy in a BYOD World

The ever-present Bring Your Own Device (BYOD) issue came up fast. The consensus? If you don’t have a crystal-clear policy in place, you’re setting yourself up for a compliance migraine.

Policy isn’t just a formality, it’s your defense. Require consent. Explain what’s being collected. And for the love of litigation, communicate with custodians. People get weird when you ask to peek into their phones, and can you blame them? Some even back up personal data to their iClouds, which just adds another layer of “fun.”

Also, heads up; board members are not always thrilled about handing over their devices. Shocking, I know.

One story shared involved a chemical plant incident where investigators suspected employees were texting during the event. They requested phone data leading up to and during the incident. The court said nope, calling it a fishing expedition. Moral of the story? Narrow your scope or risk reeling in an empty net.

So, what are the other two challenges? And what are four takeaways for better discovery of mobile devices? Find out here, it’s only one click! Time to mobilize! 😉

So, what do you think? Does your organization have a mobile device strategy? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using Microsoft Designer, using the term “mobile device sitting at the witness stand in court”.

Disclosure: CloudNine is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, 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.