Modern Attachments in M365 eDiscovery Assessment

This information paper provides a practical assessment of the significance of modern attachments in Microsoft 365 (M365) eDiscovery, focusing on their implications and challenges. It outlines the evolution of eDiscovery, particularly with the introduction of modern attachments, which serve as hyperlinks to files stored in OneDrive or SharePoint instead of traditional file attachments. The document discusses the technical distinctions between Microsoft Purview eDiscovery Standard and Premium, noting that Premium automatically collects modern attachments while Standard does not. It highlights potential pitfalls in data collection processes, particularly when practitioners rely on outdated standard operating procedures. The paper also addresses the legal complexities surrounding modern attachments, referencing a court case that questioned their classification as attachments. Furthermore, it emphasizes the need for eDiscovery practitioners to stay updated on technological changes and to assess the implications of modern attachments in various legal contexts. The document serves as a guide for understanding the evolving landscape of eDiscovery in relation to modern data types.