The Challenge of Collecting Data From Mobile Devices in eDiscovery
In an increasingly mobile world, we rely ever more heavily on our mobile devices, specifically mobile applications, to both send and store written communications and various information. The ubiquity of such applications makes it inevitable that they will increasingly be a discovery target in nearly all types of litigation. Indeed, text messages, email, and social media postings are already common sources of data requested by litigating parties. But as mobile communication and storage become more pervasive, mobile applications become more sophisticated in an effort to secure sensitive content. Accordingly, while requests to collect mobile device data may seem facially reasonable, collection often goes well beyond what has traditionally been recovered and is far more difficult and expensive than what recent case law would suggest.