Eight years after the last major changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery, you might think that the practice had settled into a comfortable status quo. That could hardly be farther from the truth.

Since 2015, data volumes—and data sources—have continued their explosive growth. The total amount of data generated annually has increased eightfold, and the diversity of channels through which people communicate has expanded dramatically. Organizations that once relied solely on Microsoft Word, Excel, email, and phone calls now have to deal with text messages, Slack, Teams, ephemeral messaging apps, and social media. All of these platforms are fair game for discovery.

For e-discovery professionals looking to keep on top of their game, turning to the static text of the FRCP isn't enough. To keep up, they must learn from active case law. Every week, significant rulings are handed down that change how evidence must be treated. That's why Exterro established the E-Discovery Case Law Project, which publishes a fresh case law alert every two weeks.

Exterro compiled eight pivotal entries into a comprehensive whitepaper detailing how courts require litigants to handle these modern data types, from Slack and Skype to Discord and WeChat.

Key Takeaways from Recent Rulings

1. Stay Up to Date

You cannot protect or collect what you don't know exists. Legal and IT teams must collaborate to maintain an accurate inventory of all new technology platforms and collaboration tools deployed across the organization.

2. Pay Close Attention to Settings

Default enterprise settings can create massive legal liabilities. A lack of awareness regarding auto-delete functions—or a failure to suspend them by implementing an appropriate legal hold—can quickly land an organization in hot water with judges over the intentional or negligent destruction of evidence (spoliation).

3. Communication Tools Aren’t the Only Data Sources

Do not limit your discovery scope to standard emails and chat logs. Collaboration software workspaces, shared calendar entries, native text messages, and geolocation data are highly relevant and must be actively preserved when litigation is anticipated.

4. The Usual Rules of Discovery Apply

Even when dealing with cutting-edge technology, foundational discovery obligations do not change:

• Be specific, tailored, and accurate in your filings and motions.
• Cooperate transparently with opposing counsel and the bench.
• Understand and accurately apply the rules of proportionality to avoid over-collection.

Elevate Your E-Discovery Readiness

Navigating these emerging data sources requires a proactive strategy and technology capable of handling complex API integrations and in-place preservation.

To review the full analysis of recent judicial opinions and ensure your organization stays compliant with the bench, download the complete resource: Are You Ready for These E-Discovery Data Sources?

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