Modern, or “linked,” attachments are emblematic of the constant interplay between growing data complexity and the rapidly evolving tools to process that complexity. It may be the case that we are involved in something like a game of cat and mouse, where the relationship between tools and data is ever-changing and the balance between them is never fully stable.
A Question of Standards, Not Just Technology
In many respects, the technology to manage modern attachments already exists. The challenge lies in establishing consistent standards around their use. Courts have yet to fully standardize rules for producing linked files in discovery, leaving a gray area over which version to produce and who is authorized to collect it. Compounding this uncertainty are major platforms like Google and Microsoft, which must align their offerings with emerging legal guidelines. Until the courts, tech companies, and corporate behavior settle into well-defined practices, out-of-the-box solutions will remain elusive.
Adapting to a Constantly Shifting Landscape
For now, we find ourselves in a transitional phase—and we believe that this is a phase we must all get comfortable with. Technology evolves, and just when one practice stabilizes into a standardized practice, a new behavior will emerge that will require custom solutions all over again. The one true constant in this equation will remain the ability to problem-solve, and that is precisely the ability that we’ve built our company around.
Why “Process and Care” Outweigh Simple Tools
The underlying technology for collecting modern attachments may look similar from one eDiscovery vendor to another—each aims to capture links, export their contents, and stitch them back into the email family. IntrepidX has developed a process to handle these linked files in a manner that is both defensible and user-friendly. However, like in all eDiscovery, a truly effective solution goes beyond the basic mechanics and instead focuses on specific client needs. What sets IntrepidX apart is how its team integrates service and attention to detail at every stage:
- Early Identification: IntrepidX practitioners ask the right questions early—finding out whether modern attachments exist, which users have editing or administrative rights, and whether multiple versions need to be collected. This upfront consultation helps to avoid surprises once data is already being processed.
- Custom Workflow: By engineering a specialized workflow around modern attachments, IntrepidX ensures that each document is extracted with correct metadata, linked back to its parent email, and grouped logically for review. The company’s custom software scripts and proven procedures minimize errors and speed up timelines.
- Defensible Logs and Family Integrity: IntrepidX meticulously stitches attachments together as a family (including modern attachments and traditional ones) while maintaining clear audit trails. This ensures defensibility if courts or opposing counsel ever challenge the authenticity or completeness of the production.
- Tailored Scopes, Lower Costs: Rather than bulk-collecting entire drives or SharePoint sites, IntrepidX works with clients to target only the data needed. This reduces both hosting costs and the time spent reviewing irrelevant files.
In short, it is not just about having a “magic button” to export linked files—it is about a combination of technical sophistication, consistent QA, and hands-on guidance.
Looking Ahead
Modern attachments remain an evolving area in eDiscovery. As cloud-based communication grows, courts will likely develop clearer guidelines—or even require litigants to address linked files in standard document requests. Companies that choose platforms like G Suite or Microsoft 365 for cost or collaboration benefits should recognize the potential discovery obligations these services bring, especially in larger investigations or high-stakes litigation.
For legal teams and service providers, success hinges on balancing thoroughness with efficiency. Rather than treating modern attachments as an afterthought, they should be integrated from the outset of any eDiscovery process. By proactively requesting the correct permissions, confirming which versions are necessary, and stitching those documents back into the email family, counsel and vendors can produce modern attachments in a defensible manner.
Ultimately, IntrepidX stands ready to help organizations tackle these hurdles. The company’s custom approach to modern attachments—built around close consultation, precise workflows, and a deep understanding of evolving case law—ensures that linked files do not become last-minute stumbling blocks. In a world where technology changes faster than precedent, a process-driven partner like IntrepidX offers the assurance of quality, attention to detail, and a more confident path through modern eDiscovery.
