Immenint Change in eDiscovery

caused by Covid-19

James Phipps

Electronic discovery or eDiscovery is a process where data is located, searched and secured with the intention of using it in civil or criminal cases.  Typical eDiscovery preCovid-19 was mainly associated with email and file searches. Covid-19 caused corporations and law firms alike to move ahead at a record pace with IT implementations of cloud based software like Microsoft Teams to enable remote work.  Because corporate communications have shifted to instant messaging applications like Microsoft teams,  eDiscovery will have to work in this new landscape of corporate data.

Microsoft 365 has eDiscovery tools built-in. Microsoft 365 provides the following eDiscovery tools: Content Search, Core eDiscovery and Advanced eDiscovery. Not only can those tools be used for Microsoft Teams, they can also be utilized to search for content in email, SharePoint Online and even Skype.

The use of non-enterprise or nonstandard communications such as text messages, consumer Gmail, WeChat and Facebook Messenger has no built-in eDiscovery tools and could add to data preservation and collection burdens on corporations.  For that reason, we continue to remind corporations to resist storing corporate data in consumer branded communication tools even during the challenging times we live in.  


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