February 12, 2013 Articles

Mobile Devices as Discoverable Data

The "new kids on the block" represent a wildly underestimated source of key information for civil matters.

By Kate Paslin

Just as American litigators have begun to accept and even embrace the legal, ethical, and technical requirements of today’s discovery process, yet another key source of discoverable information has emerged. For some, the addition of one more data source to an already extensive list of potential targets, now commonly compiled by a well-trained internal discovery team, poses no great problem. But for most, the complicated process of collecting enough data to defend one’s efforts—while demonstrating enough restraint to defend one’s costs—continues to give rise to debate and migraines in a community whose formal education exposed them to little more technology than word processing and overhead projectors.

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