This post by Cloudficient discussing the challenge of contemporaneous versions of hyperlinked files raises some interesting questions!

In this article by Shelley Bougnague titled (wait for it!) Hyperlinked Files in eDiscovery: The Challenge of Contemporaneous Versions (available here), she raises an interesting dilemma of regarding multiple recipients to a communication as follows:

A senior executive sends a link to a strategic planning document to ten team members on Monday. The document undergoes revisions on Tuesday. Five team members access the link on Monday, three on Tuesday after the changes, and two on Wednesday. Which version should be considered contemporaneous with the communication?

This scenario raises several critical questions:

1. Is the relevant version the one that existed when the link was sent?
2. Should each recipient’s first viewing be considered the contemporaneous version for that individual?
3. How do subsequent viewings impact the analysis?

The answers to these questions have significant implications for preservation obligations, collection methodology, and production protocols.

So, what are those implications? What are some best practices for managing hyperlinked content? And what are some practical recommendations for eDiscovery practitioners? Find out here, it’s only one click! When you do, you’ll better understand the challenge of contemporaneous versions with hyperlinked files! 🙂

So, what do you think? Do you have a strategy to handle contemporaneous versions of hyperlinked files? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using Bing Image Creator Powered by DALL-E, using the term “robot lawyer reviewing an email with a hyperlink in it on a computer monitor”.

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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.