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Dialing up Potentially Responsive Information from Mobile Devices


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In this article, Deloitte director Mark Michels and Emily Soverel, attorney at Google discuss that while mobile device technology may still be novel and nascent, the discovery-related legal issues are not. Mobile devices and mobile device data are subject to the same discovery and evidentiary rules that apply to other electronically stored information (ESI). Just as courts sanction parties for failing to preserve other forms of ESI, some courts are sanctioning parties for failing to preserve mobile device data. Managing mobile device data during the discovery process can be challenging due to the number of custodians and devices and the variation of relevant data on those devices over time. Unlike conventional computer data that tends to remain static over the course of litigation, mobile data evolves and grows.

*This article has been republished with permission from the Association of Corporate Counsel

As used in this document, “Deloitte” means Deloitte Transactions and Business Analytics LLP, an affiliate of Deloitte Financial Advisory Services LLP. Deloitte Transactions and Business Analytics LLP is not a certified public accounting firm. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

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