The technical ability to work “on the go” has blurred the lines between personal and business life. Personal mobile devices and email accounts are increasingly being used for work,1 meaning that they are more likely than ever to contain potentially relevant electronically stored information (ESI) and, therefore, to be targets for collection as part of e-discovery in litigation.

Although the dust has yet to settle regarding the legal implications of the use of personal devices and personal email for work, judges are increasingly grappling with the topic. Three recent decisions help illustrate how the integration of personal devices and email into the corporate environment, whether authorized or not, is changing discovery in the corporate litigation context.

‘Living Color’

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