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.
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Agenda
Mobile Device Characteristics
- More Than 90% of American Adults Have a Cell Phone
- Much of the Data Contained on a Mobile Device Can Be Potentially Responsive to an E-Discovery Inquiry or Company Investigation
- Unique Characteristics Surrounding Mobile Device Data Come Together to Create a Volatile and Important Source of Corporate Data
Implications for Litigation and Investigations
- Legal Teams May Look the Other Way and Not Ask for Their Adversary's Mobile Information in the Hopes That the Adversary Will Not Ask for Theirs Either
- There Is Abundant Case Law That Makes It Clear That Mobile Data Is Discoverable
Challenges for Legal, It, and Security
- Company-Issued Devices That Do Not Allow Mixed Professional and Personal Use Are Becoming Increasingly Rare
- Many Organizations Mix BYOD (Bring Your Own Device) With Company-Owned, Personally-Enabled (COPE) Devices and Policies, Which Can Bring Similar Benefits
- It Is Critical to Have a Policy in Place That Forces the Employee to Surrender Devices Used for Company Business When Necessary
Challenges With Preservation and Collection
- Legal Departments, Working With Outside Counsel and Other Experts, Must Consider How to Impose, Enforce, and Document Legal Holds for Mobile Devices
- It Is Critical to Communicate to Employees When the Data on Their Mobile Devices Is Subject to a Litigation Hold and to Suspend Any Regular Deletion of Text Messages and Mobile Data
- Collection of Mobile Device Data Represents a Major Challenge to Stakeholders
- Cross-Border Investigations and Lawsuits Further Complicate Matters
Steps to Proactively Manage Mobile Device Data
- Rather Than Working Defensively, Organizations Can Prepare Thoroughly Enough to Be Ready
- Any Plan Should Explicitly Address E-Discovery Collection Strategies, as Well as Preservation and Deletion Plans in the Event of a Litigation Hold
- Organizations Should Also Find Trusted Partners That Have the Sophistication, Experience, and Knowledge to Manage Data on Mobile Devices
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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OnDemand Course
This course was last revised on April 20, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0 including Technology in the Practice of Law 1
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes Technology in the Practice of Law for 1.00 hour.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 63 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- IAPP 1.0
- This course has been approved through the International Association of Privacy Professionals (IAPP) for 1.0 CPE Credit(s). This course is applicable to the following certifications: CIPP/A, CIPP/C, CIPP/E, CIPP/US, CIPM, CIPT.
- NALA 1.07
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.07 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jason R. Mattox
King & Spalding
- Senior attorney, King & Spalding
- Over 20 years of experience in e-discovery as an attorney with King & Spalding Discovery Center
- Member, State Bar of Georgia, e-discovery section
- J.D. degree, Santa Clara University; B.A. degree, cum laude, University of San Diego
- Can be contacted at [email protected] or 404-215-5833
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