With the recent ruling in Red Wolf Energy v. BIA Capital Mgmt. where a judge awarded a default judgment sanction against the defendants for "repeated" discovery misconduct, including failing to produce a smoking gun Slack exchange, collaboration data is now firmly within established caselaw as ESI that must be preserved and produced as part of discovery.
In the wake of the COVID-19 pandemic and the WFH movement, collaboration platforms (like Slack) continue to grow in their regular use for enterprise communications. However, their rapid adoption has left many organizations vulnerable when it comes to incorporating these new data sources within their ediscovery processes.
In order to get a better understanding of what's happening in the field of ediscovery and to learn from the experiences of practitioners, we've partnered with the Association of Certified Ediscovery Professionals (ACEDS) for the 3rd year in a row to conduct this short, multiple-choice and anonymized survey that can be completed in just a few minutes. Working with ACEDS, we hope to establish the industry benchmarks of collaboration data as a source for discovery and identify litigation readiness now and in the future.
Please take a moment to share your thoughts about collaboration data and discovery in this quick survey.