Introduction
Winston & Strawn LLP's eDiscovery &
Information Governance Group is pleased to present the following
year in review of important decisions and developments concerning a
wide variety of electronic discovery and cross-border discovery
issues.
The past year has continued a multi-year trend— hastened
by the COVID-19 pandemic—toward the dramatic expansion of
collaboration and short message formats in discovery. In practice
and in the case law, we observe that parties, courts, government
agencies, and practitioners are all increasingly familiar—and
struggling—with collaboration messaging platforms like Slack,
Microsoft Teams, and Discord, and with app-based messaging
ecosystems such as WhatsApp and Signal. These platforms are in
common in many organizations, and consequently, in litigation, and
each presents new challenges in terms of its preservation,
collection, unitization, and production. The decisions in
Drips Holdings LLC v. Teledrip LLC, Red Wolf
