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Best Practices for Preserving and Collecting Hyperlinked Files In E-Discovery
As legal and compliance teams adopt cloud-based collaboration tools like Microsoft 365, Google Workspace and Slack, they are unlocking unprecedented efficiency and flexibility in managing information. However, this evolution has also introduced a significant new layer of complexity, particularly concerning e-discovery. Hyperlinked files, unlike traditional email attachments, are dynamic versions of themselves, so it is as if they evolve in motion. Often stored externally from the collaboration platform, they represent a fundamental shift in how organizations manage and secure evidence for legal cases.
Failure to address these challenges could lead to severe consequences, including regulatory violations, spoliation claims and incomplete productions. For example, regulations such as the Federal Rules of Civil Procedure (FRCP), General Data Protection Regulation (GDPR) and SEC Rule 17a-4 set high standards for defensible data management. Unfortunately, hyperlinked files often lack the visibility and control those traditional attachments offer legal teams.
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