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When Courts Push Back: The New e-Discovery Proportionality Standard for Mobile Data

Mobile discovery has reached an inflection point. Courts spent 2024 handing out sanctions for two opposite failures: failing to preserve mobile data and collecting far too much of it. Litigants now face a genuine discovery double bind, including being punished for being careless and being punished again for being overly aggressive. That push-pull (collect more vs. collect less) is shaping the 2025 e-discovery landscape more than any technical development or new tool.

10 minute read January 01, 2026 at 12:05 AM
By
Michael D’Angelo
When Courts Push Back: The New e-Discovery Proportionality Standard for Mobile Data

The Discovery Double Bind



Mobile discovery has reached an inflection point. Courts spent 2024 handing out sanctions for two opposite failures: failing to preserve mobile data and collecting far too much of it.

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