Nothing to Hide? Mobile Device Discovery

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 in-house 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 data--or data that may be necessary for internal and external investigations regarding HR matters, fraud, IP theft, and more--that 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 catch-up 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.

Faculty

Jason R. Mattox

King & Spalding