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.
