Proportionality and the duty to preserve mobile data

Examine proportionality and duty to preserve considerations with mobile devices

Kenneth Koch

Kenneth Koch

Principal, Forensic, KPMG US

+1 404-614-8658

Thomas P. Keegan

Thomas P. Keegan

Principal, Advisory, Forensic, KPMG US

+1 212-954-7880

Anthony DeSarro

Anthony DeSarro

Director, Advisory, KPMG US

+1 404-979-2291

The 2015 Federal Rules of Civil Procedure (FRCP) amendments made proportionality a condition of the scope of discovery in a legal dispute.

A requesting party only bears the burden of establishing the relevance of a mobile device, and the objecting party bears the burden of establishing that mobile device discovery is not proportionate to the needs of the case.

Failing to preserve mobile device data in the form of a collection or asking the custodian to preserve the information in place can be a risky recipe for disaster. This slip sheet examines the duty to preserve mobile data.

This article examines the duty to preserve mobile data, covering:

  • The Sedona Conference - Six principles of proportionality
  • Mobile device proportionality arguments
  • The importance of performing a collection and preserving a mobile device data
  • How KPMG can help