Mobile Device Discovery Challenges, Part 6: NuVasive and Living Color

In Part 5, we began our review of the relevant case law by looking at Hosch and Pradaxa. In this Part, we continue our overview of recent cases with NuVasive and Living Color. These two recent cases involve the unintentional loss of relevant text messages and its consequences. The case of NuVasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. Jan. 26, 2016) concerned a dispute between Defendant medical device maker NuVasive and Plaintiff distributor Madsen Med, over alleged poaching . . .

Mobile Device Discovery Challenges, Part 5: Hosch and Pradaxa

In Part 4, we wrapped up our overview of the technical issues inherent in preserving, collecting, and handling the data from mobile devices. In this Part, we begin our overview of recent cases touching on mobile devices and text messages and their discoverability and spoliation. The first case involving the spoliation of data from mobile devices to be widely-publicized was the case of Hosch v. BAE Systems Information Solutions, Inc. (No. 1:13-cv-00825) in 2014 and 2015. In that case, the Plaintiff Hosch alleged . . .

For Apple iOS Passwords, One Step Forward and Ten Thousand Steps Back


Breaking into Apple mobile device backups just got a whole lot easier, at least temporarily. As forensic practitioners, we find Apple mobile device backups scattered everywhere, as people plug their iPhones into their work computers and back them up, sometimes without even realising. For the most part, this gives us access to everything on the phone without needing a fingerprint or a key code to unlock the device itself . . .

Mobile Device Discovery Challenges, Part 4: Acquisitions and Afterwards

As we discussed in Part 3, mobile devices contain diverse data types, come in myriad models, and require specialized toolkits for acquisition and parsing of the data they contain. In this Part, we continue our overview of technical challenges by asking: what types of acquisitions are possible, and what happens afterwards? When acquiring data from mobile devices, some different acquisition options exist, similar to those available for collection from laptops and desktops. Which options are feasible in a specific situation will depend both on the tool you are using to complete the acquisition and the device (and operating system, etc.) from which you are trying to acquire . . .

Industry Veteran John Finlay Joins Advanced Discovery as Director, Sales


Advanced Discovery continues nationwide expansion with the addition of experienced sales director and former practitioner in New York Advanced Discovery announced today the hiring of industry veteran John Finlay as Director, Sales, in New York.  John is a sixteen-year veteran of the eDiscovery and litigation support industry.  He began on the law firm side in a practice support capacity and has spent the last decade with service providers counseling clients and managing business development teams, most recently with Fronteo (formerly … Continue reading

Mobile Device Discovery Challenges, Part 3: How is data collected from mobile devices?

As we discussed in Part 2, mobile devices like smartphones and tablets may contain common document file types (e.g., PDF files), common communication file types (e.g., email), and Wi-Fi and GPS logs, plus (for smartphones) phone data types like SMS and MMS messages and call logs. And, also as discussed, all of those myriad data and document types together commonly add up to thousands or tens of thousands of discrete records per mobile device, many of which exist in device or application-specific databases or in encoded or encrypted formats. But, things are even more complicated than that . . .

Industry Veterans Daniel Rupprecht and Kathleen Kristiansen Join Millnet Consultancy Team as Senior eDiscovery Consultants

Millnet New Logo Small

Millnet continues expansion of its consultancy capabilities with the addition of two new eDiscovery solutions experts in London International litigation services provider Millnet, an Advanced Discovery company, today announced the hiring of two veteran practitioners, each with more than a decade of experience in eDiscovery, including international placements: Kathleen Kristiansen is a solicitor and former litigation associate who has worked on the law firm side, the corporate side, and the service provider side, including at Slaughter and May and Gibson … Continue reading

Mobile Device Discovery Challenges, Part 2: What’s on mobile devices?

As we noted in Part 1, smartphones are the dominant mobile device, with a 79.3 percent market penetration and 198.9 million owners in the U.S. alone, and among smartphone owners, 93% use texting, making it the most widely-used smartphone feature. So, just what data and documents can be collected from a mobile device? The most obvious data available for acquisition from smartphones . . .

TAR Wars Episode IV: The CAL Zone

Tom O'Connor A rather heated skirmish has broken out in the community of eDiscovery consultants who specialize in search technology.  Originally fostered by an ACEDS seminar held in early August, the conversation has spread to a dispute over definitions of technology, which many observers, myself included, feel will serve only to further hinder acceptance of this technology. In writing this overview, I am going to paraphrase statements or positions as little as possible, and instead provide direct quotes and links to the … Continue reading

Mobile Device Discovery Challenges, Part 1: Introduction Greetings from the palm of your hand!  Over the past few years, it’s become increasingly likely that you’re reading this on your smartphone.  As of two years ago, the time spent on mobile devices (and even just that spent on mobile applications) exceeded the time spent on desktops, and as of one year ago, those who browse the internet only on mobile devices outnumbered those who browse the internet only on desktops. The majority of this mobile activity takes place … Continue reading