“Defensibility” is one of the most used, and most misunderstood, terms in eDiscovery and digital forensics. In this episode, Steve Davis, Vice President of Forensics and Investigations at Purpose Legal, joins ModeOne CEO Matthew Rasmussen to break down what defensibility actually means in practice, beyond the buzzwords and the check the box processes.
They cover how forensic data collection has evolved from bit by bit imaging to more targeted, structured approaches, why full device imaging isn’t automatically the safer or more thorough option, and what legal teams should be asking before they commit to a collection method, including where the data actually lives, who the relevant custodians are, and what tool fits the scope of the matter.
In this episode, you’ll learn:
- Why hashing an entire device doesn’t guarantee a more defensible collection than targeted structured data
- How rising data volumes (phones now holding a terabyte or more) have changed what “collect everything” actually costs a legal team in time, money, and privacy risk
- Why federal regulators are now requiring phone data in the large majority of investigations, and what that means for custodian interviews
- How improperly preserved devices (MDM lockouts, disabled access) can create spoliation exposure
- A practical framework for choosing between a targeted collection and a full file system dump
About Steve Davis
For the past 30+ years, Steve Davis has performed and supervised hundreds of investigations on behalf of governmental agencies, corporations and law firms involving civil and criminal matters. Steve is a Licensed Private Investigator in the State of Texas and the VP of Forensics & Investigations for Purpose Legal. He has testified on behalf of his clients on over 50 occasions relating to investigative findings on causation, damages and forensics.
About Purpose Legal
Purpose Legal is a global legal services and technology provider built for high-stakes, data-intensive matters where accuracy, speed, and defensibility are of paramount importance. Through its PurposeXi™ platform, the company combines purpose-built AI with deep litigation, review, and forensic proficiency to deliver expert-validated intelligence that legal teams can trust. We pair powerful technology with experienced practitioners who ensure insight turns into action. Founded in 2007, Purpose Legal is a leader in eDiscovery, digital forensics, document review, flexible legal staffing, and legal technology services. In 2025, it was recognized for the third time as one of the Inc. 5000’s fastest-growing private companies in America. Our diverse team of experienced, talented, and motivated professionals is our greatest asset. We assist multinational corporations, law firms, and government entities through best-in-breed software, powerful AI tools, creative managed services solutions, and deep industry knowledge. Learn more at www.purposelegal.io.