Extract from Exterro’s article “Key Lessons on Modern Attachments and Chat Applications for E-Discovery Case Law”
Exterro initiated the E-Discovery Case Law Project (EDCLP) with the understanding that professionals in this rapidly evolving field must continuously stay informed to perform their jobs optimally. In the realm of e-discovery, professionals must have a keen focus not just on tech trends, like the communication and collaboration methods within their organization, but also on case law, where the courts lay down guidelines as to how to appropriately manage new technologies.
Two of the biggest topics in e-discovery in 2024 have to do with preserving, producing, and reviewing “modern attachments,” essentially meaning hyperlinked documents, and chat or instant messaging technology. Covered in a recent whitepaper from Exterro, both of these forms of communication are ubiquitous in modern organizations. Rather than attaching word processing or spreadsheet files, more and more professionals send links to shared documents, facilitating collaboration across organizations. Similarly, when organizations adopt instant messaging platforms, like Slack or Google Chat, much of the work that used to happen in emails migrates into these asynchronous communication platforms.
But these new platforms have posed challenges to e-discovery professionals. Linked documents can be difficult to collect or preserve, since by their very nature they encourage constant editing and updating. Relevant chat messages in a group channel may be buried in an avalanche of side conversations, making it difficult to preserve or review them. What’s an e-discovery professional to do?
