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E-Discovery Regulation White Collar Crime

Common Pitfalls In Personal Device Collection

Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.

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Litigants increasingly face subpoenas or discovery requests for forensic collections of text messages. The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with these demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.

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