Exploring Mobile Device eDiscovery? Considerations and Questions for Providers

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Background Note: The worldwide surge in mobile device usage presents an intriguing challenge for the legal technology sector, especially in the realm of remote device collections. With an estimated 16 billion mobile devices actively being used globally (Larrichia, 2023), the critical data that flows through these channels cannot be ignored.

The challenges for the eDiscovery community posed by this development are multifold. Traditional methods of mobile data collection often required devices to be gathered centrally, and then ad hoc tools were employed to extract data—an approach that is as tedious as it is inefficient. As the industry evolved, a “Remote Appliance” approach was introduced to streamline data collection, but this came with its own set of hurdles. The recent emergence of “Remote Software Agents” offers new possibilities, albeit with associated considerations. Each of these methodologies raises critical questions. Should one extract all the data from the device or only selected datasets? How do we ensure the integrity and provenance of data during the collection process?

Choosing an adept mobile device collection and analysis partner is instrumental in securing a competitive edge, both in terms of cost-effectiveness and case outcomes. Navigating eDiscovery is inherently challenging, given the intricate and fast-paced landscape of investigation and litigation. Therefore, engaging a competent mobile eDiscovery service provider capable of furnishing your investigators and reviewers with optimal data in a manageable, digestible format is paramount.

It is crucial that mobile device eDiscovery providers demonstrate proficiency, efficiency, and security in handling the evolving legal requirements of cyber and legal discovery, particularly with respect to mobile data. As mobile device computing expands and evolves, the ability to effectively manage mobile eDiscovery will continue to be an increasingly decisive factor in achieving successful case outcomes.

Industry Backgrounder*

Exploring Mobile Device eDiscovery? Considerations and Questions for Providers

ComplexDiscovery

In an increasingly digitalized legal marketplace, the role of emerging technologies and diverse data sources is becoming critical to the eDiscovery process. Mobile eDiscovery, in particular, is asserting its significance within the eDiscovery ecosystem.

As you navigate this intricate terrain in search of an ideal mobile eDiscovery provider, we’ve designed a set of incisive questions for you to pose to prospective vendors as well as to reflect upon internally.

In this nascent field, it’s pivotal to ally with a partner who not only boasts a solid suite of technological capabilities but also demonstrates a forward-thinking attitude and commitment to evolving business processes. What is the prospective provider’s capacity for agility? How promptly can they introduce new features or address issues? How fully will they commit to becoming a genuine collaborator to your team?

Given the newness of this niche within the eDiscovery market, the aptitude and mindset of your chosen provider carry significant weight. It’s crucial to remember that there’s no universal solution; what works for one case may not be the best fit for another. You must determine whether a single-source provider or a multiplicity of vendors best suits your requirements. Each eDiscovery service provider must embody adaptability and flexibility in their approach in order to extract the greatest possible value for you as their client because as mobile data continues to grow in importance, it will become increasingly influential in determining case outcomes.

Exploring the selection of a mobile eDiscovery service provider can be complex. To aid in this vital process, we have curated a set of insightful questions aimed at revealing potential providers’ methodologies. This can help ensure you choose a partner that genuinely holds the necessary knowledge, experience, and control you require for successful outcomes.

These questions are designed to shed light on a provider’s approach to mobile eDiscovery, their grasp of the changing trends, and their capacity to handle various case scenarios. They should provide a broad understanding of the provider’s abilities and help you assess if their practices are congruent with your specific requirements.

1. Could you detail your company’s history and experience with providing mobile eDiscovery solutions and/or services?
2. Could you elaborate on the direct involvement of your team in performing the collection of mobile data and delivering the review of the data?
3. Does your system support collection from the mobile platforms Android and iOS (Apple)?
4. How does your system remotely collect data and ensure data provenance?
5. Does your solution work globally, and is it GDPR compliant?
6. What chat engines and other data sources does your solution support?
7. How is your team structured? Are there full-time, experienced staff members managing the projects, or is this handled by a third party?
8. How long has your company been in business?
9. What technology industry certifications do you hold?
10. Do you have direct control over the data security and confidentiality protocols for your offerings?
11. Can you explain your collection process and your delivery options (e.g., cloud, hybrid, data center, laptop)? Can they support multiple deployment options? Can they assist with data center sizing and related issues to support an on-premises-based deployment?
12. Can you please explain how your system analyzes and filters data?
13. Can the offering support unlocks?
14. Is the offering provided as a turnkey service, or does the service also include examiner provision and time?
15. How are the results of collections shared? (Export of raw data, searches, exclusion lists, single format expert of the entire device, etc.)
16. Is reporting part of the service or an incremental cost to the basic service?
17. Are there Active Mobile Device Monitoring and Management limitations?
18. Since this is an emerging area of eDiscovery and the mobile environment is constantly changing from apps, OS, and devices, can you please discuss your development capability to maintain active market relevance, so you will stay on top of this dynamic technology space?
19. What are your billing processes and options? Are you PCI-compliant? How robust is your billing system?
20. Do you handle troubleshooting and issue resolution processes? If a problem arises during the process, who would be responsible for resolving it: your team or a third-party provider?

A deliberate use of these probing questions may help equip you with the crucial information needed to select the ideal mobile eDiscovery partner. These initial inquiries are here to guide you in your evaluation process, particularly as mobile data and devices have become a significant component of the eDiscovery trajectory.

In the dynamic sphere of legal technology, understanding your partners’ competencies is essential. With the right questions, you can obtain a clear view of your provider’s operational capacities, enabling you to make a well-informed and confident decision.

Reference

Laricchia, F. (2023) Number of mobile devices worldwide 2020-2025, Statista. Available at: https://www.statista.com/statistics/245501/multiple-mobile-device-ownership-worldwide/ (Accessed: 07 June 2023).

*Assisted by GAI and LLM Technologies

Additional Reading

• eDisclosure Systems Buyers Guide – Online Knowledge Base
• A Running List: Top 100+ eDiscovery Providers

Source: ComplexDiscovery