Hyperlinked Documents: The Latest e-Discovery Challenge

Dynamic files shared as links rather than attachments — known as hyperlinked documents — are emerging as a new frontier in the e-discovery landscape. As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

How Cloud Storage Changed File Sharing

Cloud storage services such as OneDrive, SharePoint, and Google Drive have revolutionized file sharing, facilitating collaboration in an increasingly global workplace. By sharing links, users can distribute documents quickly, bypassing email attachment limits and physical transfers. These links allow recipients to view and edit files in real time, ensuring they always see the most up-to-date version. While convenient, hyperlinked documents introduce significant challenges for e-discovery professionals.

Understanding Hyperlinked Documents

A hyperlinked document is shared via a link or URL in an email or chat, rather than being physically transmitted as an attachment. The underlying file remains on a cloud server and can be accessed by clicking the link. Examples include:

• Microsoft: Share > Copy Link > Paste the link.
• Google Docs: Bookmark icon > Right-click Link > Copy link address.
• Box: Hover over file/folder > Create and Copy Shared Link > Send Shared Link > Enter collaborator's email/name > Type a message > Send.

These documents are common in collaborative applications, offering advantages such as reduced email storage and real-time collaboration. However, their dynamic nature poses unique challenges for e-discovery.