DOCUMENT Magazine - June 2008 - (Page 39) The E-Discovery of Your Mobile Best Practices Finally, and perhaps most importantly from a practical perspective, a transactional organization must develop a plan of action to manage the data found on company mobile devices should that information become needed during litigation or e-discovery. To create this plan, transactional firms should focus on the following five key best practices. These best practices will allow transactional firms to better manage data found on mobile devices for usage during e-discovery and help ensure that mobile device owners are following company ediscovery policies. (Note that these suggestions are merely guidelines and that there may be additional and/or different steps that your business should take. In addition, it is recommended to consult an attorney when dealing with a litigation hold. A litigation hold will suspend a company’s data procedures if a company has data related to a current or reasonably anticipated lawsuit.) 1. Preserving All Data: This step is critical and 100% necessary 1 when preparing for e-discovery. Businesses must create and enforce policies to backup all portable device data, especially information contained on company laptops. These policies will ensure that firms have a record of the data located on the company mobile devices. Having a record is vital during e-discovery since it allows data to located and then accessed when needed. 2. Blend In: Keep company computer laptops and other portable 2 devices out of plain sight. In addition, be sure to stay away from flashy colors that will draw attention. By moving mobile devices to a secure location, future thefts will be prevented. This allows businesses to maximize the amount of accessible mobile data for purposes of e-discovery. 3. 3 Managing Data Encryption: Many large corporations have adopted encryption as a preemptive solution to data loss. This is important because it essentially makes data undecipherable to anyone except those with an encryption key algorithm. However, for the purpose of discovery, you must be able to produce unencrypted data. Should you use an encryption technology to secure the data on your mobile devices, make sure to document the encryption techniques and log encryption keys assigned for each mobile device. The existence of this documentation, properly stored, minimizes costs. The amount of people who can access a firm’s confidential data will lessen the amount of security information breaches that occur on company portable data devices. 4. 4 Utilize Remote Security Applications: These tools will help businesses locate and deactivate data if a company portable device goes missing, becomes stolen or is deemed to be rogue. When determining the scope of information to be produced during e-discovery, this practice could prove to be priceless. 5. 5 Update Company Technology Usage Guide: Transactional firms need to verify that their company technology usage guides, in conjunction with any applicable privacy policies, account for all portable devices as well. When incorporating mobile devices, be sure to note that employees have no expectation of privacy. Being clear on what data can be recovered will help organizations better prepare for ediscovery by clarifying what data can be presented during trial. Jacques Nack Ngue is the partner and lead e-discovery specialist at eClaris, a premier litigation technology e-discovery consulting firm. For more info, email jngue@eclaris.com or call 213-623-1620, ext. 111. ■ www.DOCUMENTmedia.com june.08 document 39 http://www.collinsink.com http://www.collinsink.com http://www.collinsink.com http://www.DOCUMENTmedia.com
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