The shift reflects a fundamental mismatch between workplace technology and discovery practice. BYOD adoption accelerated during the pandemic as organizations moved to remote work, and hybrid arrangements have since become standard. Yet legal teams continue relying on 2015-era collection methods requiring device shipment, in-person scheduling, and complete imaging. Meanwhile, security concerns have intensified—57% of enterprises report it is increasingly difficult to secure devices used outside the office, and over half are considering personal device bans altogether.
Attorneys managing BYOD programs should assess whether their current collection protocols match available technology. Remote collection methods now exist that complete data extraction in hours, protect employee privacy, and maintain defensible chain-of-custody logs. The gap between these capabilities and outdated practice creates both operational friction and potential liability exposure. As hybrid work becomes permanent infrastructure rather than temporary accommodation, updating collection methodology has moved from a nice-to-have to a practical necessity for managing cost, timeline, and employee relations in discovery.