BarbriSFCourseDetails

Course Details

This CLE webinar will consider how to deal with one of the newest challenges in eDiscovery: modern attachments. Panelists will review what these challenges are, highlight the unique problems that must be considered, offer guidance about ESI protocols, review common objections to producing them and how to overcome those objections, and discuss concerns such as “which version,” broken links, deleted documents, and the state of software solutions.

Faculty

Description

Most ESI discovery solutions deployed to collect, index, and search emails can capture traditional attachments because the file is embedded in the email. “Modern attachments” are not embedded in the emails, but refer to hyperlinks to a separate, external location, often in cloud storage, where the referenced file exists at the time the email was sent.

Most ESI discovery solutions will not see modern attachments. Cloud or linked files can be searched and produced but extra and inconvenient steps are often required to do so. According to Craig Ball and others, means that "relevant, responsive and non-privileged attachments to email aren't being produced because relevant, responsive and non-privileged attachments aren't being searched."

The version of the file that exists at the time of any discovery efforts, however, may not be the version that existed at the time the email was sent, giving rise to ancillary questions, such as which version(s) of the “modern attachment” should be searched or produced? These questions generate significant motions practice as parties object to production “modern attachments.”

Listen as this panel of eDiscovery experts discusses handling modern attachments.

Outline

  1. How and why the issue has arisen
  2. Relevant case law rulings
  3. Common objections to production
  4. Five assumptions to frame the discussion
  5. Current available solutions and challenges with each
  6. Current strategies and practical solutions
  7. Proposed language for modern attachments in ESI protocols

Benefits

The panel will review these and other key issues:

  • What is the difference between modern attachments and links to the web?
  • What ancillary issues arise with hyperlinked documents?
  • What are common objections to producing modern attachments, and how are they overcome?
  • What does it mean to have possession, custody, or control of a modern attachment?