For many of us, the only time we’re not using your smartphone is when we’re in the shower. If you are like me, your smartphone is a text messaging device and a phone? and it’s also an Internet browser, a GPS device and the easiest way to send emails and check fantasy football scores. Others use their smartphone to post content to Facebook, Twitter, Snapchat, Instagram, Vine, Youtube and other social media and content sharing sites. The smartphone is increasingly central to our personal and professional lives.
From a business standpoint, the preservation and collection of electronically stored information (ESI) is commonplace in today’s litigation landscape and is only complicated by smartphones and other mobile devices. Emails, spreadsheets, presentations, memos and even videos or pictures can all be potentially responsive data sources. The challenge with this type of electronically stored information (ES) is that it is often stored in a myriad of systems and mobile devices – and each system has its own preservation and collection nuances.
In this course, attorney and global eDiscovery & cyber forensics expert Paul Connolly describes the current landscape of mobile information collection and preservation and answers the vexing question of why people forget about mobile data in the context of eDiscovery. Paul mainly discusses why collecting the data can be ethically challenging, expensive and potentially awkward, and he also talks about some proactive policy and protocol ideas to bring clarity to your practice. Additional topics covered in this course include the prevalence of discoverable data on mobile devices, how preservation of employee text messages & other mobile data is frequently overlooked or botched, the practical issues faced when collecting data, ethical complications, privacy questions, company BYOD (Bring Your Own Device) policies and shadow BYOD policies.
Paul K. Connolly is an attorney and Global E-Discovery & Cyber Forensics Expert with Duff and Phelps in Santa Monica, California. He has extensive case and workflow management responsibilities and handles internal investigations and “front page” enforcement actions by federal securities and antitrust regulators. Paul often works closely with internal counsel and compliance departments at international banks.