Tackling the Hyperlinked Files Challenge

Tackling the Hyperlinked Files Challenge in eDiscovery Workflows: eDiscovery Best Practices

Another blog about hyperlinked files? Cloudficient discusses tackling the hyperlinked files challenge in their latest blog post!

In this article by John Price titled Tackling the Hyperlinked Files Challenge in Legal eDiscovery Workflows (available here), John starts off the discussion with this:

“I know what you are thinking – Oh, goody! Another blog about hyperlinked files (or ‘modern attachments’). I was in downtown San Francisco visiting a partner when I mentioned the complexities of managing ‘modern attachments’ for forensic eDiscovery collections. I was told not to utter those words within that office and to put a dollar in the ‘modern attachments’ jar in the corner. For this reason, I will refer to them as hyperlinked files going forward!”

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Nonetheless, in the post, John discusses what hyperlinked files are, issues with them (including references to a couple of notable cases), and a discussion of FRCP Rule 26(b)(1) , which addresses proportionality of discovery, which has factored into all the case law rulings regarding hyperlinked files.

John’s post also has an excellent detailed discussion of the technical challenges in collecting hyperlinked files. Here’s one of those challenges:

Dynamic Nature of Hyperlinked Content: Unlike traditional attachments, hyperlinked files can be updated or changed over time. By the time a legal discovery or compliance process begins, the content of a hyperlinked file may have evolved, making it difficult to capture or review the document’s active version when it was first shared. This evolving nature of hyperlinked content introduces complexity in ensuring the correct version is preserved for legal purposes.

So, how are legal teams managing hyperlinked files today? More importantly, is there a solution that can help address these challenges? (Spoiler alert, the answer is “yes”!) To find out more, click here, it’s only one click! Have I piqued your interest yet? 😉

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So, what do you think? How is your team tackling hyperlinked files, if at all? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “one robot football player tackling another robot football player”. See what I did there? 😀

Disclosure: Cloudficient is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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