The entrance of mobile devices and text messages into the world of e-discovery has created a number of challenges that reach from IT through the in-house legal team and outside counsel. Because data on a custodian’s mobile device, including text messages—whether company owned or personal—might be in scope in almost any investigation or litigation, IT and legal teams need to be cognizant of the physical, logistical, technical and legal challenges that arise in handling this data.
Dozens of cases have been brought to trial for questionable handling of mobile device data. For example, in Rajaee v. Design Tech Homes, an employee brought suit against his employer after the company remotely wiped his iPhone when he resigned. In another case, Small v. University Medical Center of Southern Nevada, the court found that the medical center failed to preserve a considerable body of evidence, including information under its BYOD policy.
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