The Inevitable Shift Towards Modern Attachments in eDiscovery

In a recent article, eDiscovery thought leader, Doug Austin, discusses why the transition to treating hyperlinked files as modern attachments may not occur immediately within the legal profession, but it’s inevitable. 

Despite arguments about burden and proportionality, the demand for this capability is growing among companies, according to Austin. Beyond litigation, other crucial use cases for eDiscovery technology include investigations, HSR Second Requests, incident response, and privacy requests. These scenarios necessitate access to hyperlinked files, which may contain vital information such as personally identifiable information (PII).

Google and Microsoft have now introduced features allowing the export of hyperlinked content from Gmail and other platforms, acknowledging the necessity of integrating hyperlinked files into eDiscovery workflows. While challenges remain, advancements in technology are gradually facilitating this transition.

The term “hyperlinked files” is preferred over “attachments,” reflecting the evolving nature of digital communication. However, regardless of terminology, the importance of linking these files to messages and understanding their relationship persists across various contexts beyond litigation.

The increasing demand for accessing hyperlinked files across diverse eDiscovery and business use cases indicates that the transition to treating them as modern attachments is inevitable. Despite the challenges involved, ongoing technological advancements are gradually bridging the gap, emphasizing the essential need for this capability in modern communication and data management practices.