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Grasping the new norm: Modern attachments in M365 eDiscovery 

June 13, 2023
2 Min Read
Emerging Europe Staff

How to deal with the increasingly significant role of modern attachments, or cloud attachments, in eDiscovery and investigation matters?

Jason Covey, the lead M365 eDiscovery Consultant at HaystackID, has released a new paper titled Modern Attachments in M365 eDiscovery: How Much Do They Really Matter?

The paper presents insights into the increasingly significant role of modern attachments, or cloud attachments, in eDiscovery and investigation matters.

These attachments, essentially hyperlinks to files stored on platforms like OneDrive or SharePoint, have emerged as a complex data source in eDiscovery due to their widespread use and the complications in handling them. 

Covey’s paper highlights the stark contrast between Microsoft’s Standard and Premium eDiscovery tools, with the latter being more effective in managing these modern attachments. Risks associated with overlooking these modern attachments are also outlined, including missing crucial information, breaching deadlines, and incomplete data collections. 

Covey suggests several best practices to address these challenges, emphasizing the importance of understanding enterprise applications, effects of third-party technologies, regular training, and up-to-date documentation. 

The paper also introduces an ongoing debate around the legal interpretation of modern attachments, triggered by the Nichols v. Noom Inc. case. This case raised questions about whether hyperlinks should carry the same weight as traditional attachments in legal proceedings. 

Covey advocates for the use of trained professionals to handle modern attachments in M365 eDiscovery, underscoring the cost-effectiveness of using Premium eDiscovery tools, despite a marginally higher cost, given their capacity to reduce risk and increase legal defensibility.

His paper serves as a crucial resource for cybersecurity, information governance, and eDiscovery professionals navigating the rapidly evolving data landscape. 

Jason Covey’s insightful paper provides crucial guidance for professionals in the eDiscovery, cybersecurity, and information governance fields.

The detailed exploration of the role and challenges of modern attachments in M365 eDiscovery presents a well-rounded perspective on the evolving landscape of electronic data.

Those interested in learning more about the topic can access the complete paper at Modern Attachments in M365 eDiscovery: How Much Do They Really Matter?

Reference: Covey, J. (2023). Grasping the New Norm: Modern Attachments in M365 eDiscovery. ComplexDiscovery. Retrieved from https://complexdiscovery.com/grasping-the-new-norm-modern-attachments-in-m365-ediscovery/ 

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