How Matt Rasmussen and ModeOne Revolutionized Smartphone Data Discovery

"ModeOne's personnel and its unique mobile data collection solution provide numerous benefits, but two stand above the rest. First, targeted data collection eases custodians' and counsel's concerns about over-collection. Second, the targeted and remote collections reduce cost, and just as importantly, they expedite our time to review the data, often allowing our cases teams to start putting eyes on documents within 24 hours after if not on the same day of collection." -– Tye Burger, Esq., Senior eDiscovery Manager at Spencer Fane LLP

But since the introduction of smartphones it hasn't always been so easy. Matt Rasmussen began his mission in 2017. He and the attorneys he supported at prestigious law firm 美迈斯 kept telling themselves that collecting data from smartphones shouldn't be so frustrating, time-consuming, and expensive. Rasmussen, then the firm’s West Coast Manager of Litigation Support, was working on a matter related to the investigations of Special Counsel Robert Mueller. After using a third-party vendor to collect a large amount of data from their client’s iPhone, Rasmussen presented an 800,000 row Excel file for the trial team to review. Suffice it to say, the attorneys were not at all happy. “There is no way we can continue to do things this way!” one of them fumed.

It was at that very moment he decided to solve this long-time problem.

Rasmussen has worked on both the law firm and services provider sides of the legal services and technology profession. His holistic perspective on the needs of both services providers and clients have enabled him to understand and address the unique requirements each constituency demands in the new frontier known as smartphone data discovery.

Back in 2017, Matt and his firm’s litigation counsel could not understand why it generally cost over $4,000 to collect and process data from a mobile phone, took three to four days (and sometimes up to a week and a half) to receive the data, and why it was necessary to collect every last piece of data from the custodian’s phone. Smartphone data was by far the “most painful” evidence type on most lawsuits or investigations, so much so that in many instances counsel on both sides of a matter actually agreed NOT to collect data from custodians’ mobile phones simply to avoid the time, expense and difficulty it would take to do so.

It was at that point the development of the ModeOne Technologies ' SaaS framework became Rasmussen’s “passion project.” After he obtained clearance from his firm to pursue a viable solution, he invested several hundred thousand dollars of his personal savings to build it over a three-year period. He had to develop it from the ground up because there were no existing tools he could plug into. It also took a long time to develop the software to work with both Apple (iOS) and Android phones because the applications were new, very different, and needed to be cutting edge. On top of that, there are many different variations of Android phones, as different Android smartphone manufacturers such as Samsung developed their own operating system versions from the base Google Android OS.

Rasmussen's mission was to 1) create a solution which would dramatically improve the “speed to facts” for his attorney clients; 2) enable a more targeted approach to data collection while avoiding the capture of private data that was outside the scope of the litigation; 3) generate efficiency by removing the requirement to send a physical collection kit and/or forensics specialists to the custodian’s location – simply, he saw the need to develop an automated, truly remote solution; and 4) reduce the cost at least 50% below the then-standard price of $4,000 per phone collection. It is important to understand that ModeOne's truly remote SaaS framework collects and processes relevant data and also executes necessary file conversion. Other providers bill separately for each of these (and other) stages of the process.

Fast forward to the present, and Matt Rasmussen and his team at ModeOne have set a new standard for the collection and processing of data from Apple and Android mobile devices. Here are some of the things that make ModeOne's disruptive, game-changing solution different and better:

1. It is the first and only truly remote solution available. No physical collection kit or onsite forensics technicians are required.
2. ModeOne delivers same-day service, anywhere in the world. Clients enjoy a material improvement in "speed-to-facts," enabling them to review documents on an expedited basis.
3. Its targeted data collection capability protects the privacy of each custodian.
4. Its truly remote delivery system ensures that custodians do not need to give up possession of their personal or company-issued smartphones.
5. Its cloud-based framework is highly scalable, capable of handling an unlimited number of phones each day from anywhere in the world.
6. ModeOne offers cost-certainty to its many client constituencies. Its all-in cost is generally a minimum of 50% below typical market pricing for smartphone data acquisition services.

Beyond eDiscovery evidentiary purposes, the ModeOne SaaS framework can be used for SEC regulatory matters, traders’ communications, corporate compliance, information governance, litigation holds, insider threats, internal audits, departing employee investigations, intellectual property theft concerns, departing employee device analysis, senior executive communication and claims, human resources issues and investigations, HSR 2nd Requests, law enforcement evidence management, and divorce/family law matters among other applications. ModeOne's growing clientele includes law firms, corporations, government entities, litigation services providers, data forensics firms, cybersecurity services firms, and law enforcement agencies.

“Wow!!!? I love how fast and intuitive ModeOne’s SaaS framework is!!!? Both from a usability perspective and the actual deliverable.? I was extremely impressed to have two (2) mobile devices collected, searched, culled, and exported out in less than 90 minutes!? Wow!!! – Alex Chatzistamatis, Principal Strategic Solutions Engineer at Reveal-Brainspace

Smartphone data is growing exponentially. To put it in perspective, in 2017, there were just over 3.7 billion active smartphone subscribers worldwide. By 2024, this number is expected to grow to over 7 billion global users. Add to that the continued proliferation of data, as the typical mobile device holds all types of potentially relevant information, including call logs, email, photographs, text messages, GPS and location information, video files, voicemail messages, Web search and browsing activity, contacts and address books, calendars, and reminders. All of this data can be potentially responsive to an inquiry, whether it is for litigation e-discovery purposes, a government investigation, or a corporate governance initiative. Plus, social media alternatives and usage continue to grow at elevated rates. For all of these reasons, Rasmussen knew he had to help the profession embrace, rather than dread, this type of evidence. As he describes it, he was in search of the “Easy Button” for mobile data collection, processing, file conversion, and review.

On March 1, 2022, after three years of seemingly endless, complex software development initiatives and numerous attempts to raise necessary startup capital, Matt Rasmussen launched ModeOne Technologies. Just over a month later, the United States Patent & Trademark Office (USPTO) awarded him and ModeOne a utility patent in recognition of his inspiration to create highly unique and efficient processes for remote, automated collection of data from mobile devices. Additional patents are now pending.

The Company's growth has far exceeded expectations, and Rasmussen maintains great confidence in his new technology and growing team’s ability to make a lasting mark on improving the speed and efficiency in smartphone data discovery. But when it comes to having a game-changing idea and then bringing it successfully to market, he is the first to admit there is no such thing as an “Easy Button.”

For more information about ModeOne, please visit www.modeone.io or contact [email protected].

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