A corporate chief operating officer (COO) is on an evening flight, coming home after a long day of board meetings. She decides to get some work done. Instead of firing up a laptop, she slides out an iPad. For the next hour, bathed in a soft LED glow, she taps away, drafting memos and sending email.
Two days later, an attorney is dispatched to interview the COO. A legal hold notice is about to be issued. The attorney receives instructions to work with a forensic expert to obtain a copy of the data on the COO’s electronic devices. The attorney’s instructions state: “collect and preserve data on any device used to draft or transmit documents to prevent a claim for spoliation.”
During the interview, the attorney learns that the COO has a laptop, which is no big deal, but the iPad can turn a routine custodian interview into a challenging assignment.