Today, the average smartphone “has more computing power than all of NASA when it put the first men on the moon in 1969,” and the vast majority of your key players and other custodians will have one in their pocket.
Smartphones are owned by more than 198 million people in the United States, and 65% of all minutes spent on digital devices in the U.S. are spent on smartphones or tablets rather than desktop or laptop computers. The shift from traditional computers to mobile devices is affecting the way employees conduct business too: as of 2015, 80% of people were using texting for business purposes. As a result, mobile devices are turning up frequently as relevant sources in litigation. According to a recent litigation trends survey, roughly half of all litigation matters in 2015 and 2016 involved preservation and/or collection of mobile device data. Of the mobile devices implicated in 2016, 93% were smartphones.
In this white paper, we will review several aspects of the mobile device discovery challenge, including: what kinds of materials and information they contain; available collection options and applicable limitations; management and review of acquired mobile materials; and relevant case law on the discovery of mobile device data.