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.
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.
