More than two years into the COVID-19 pandemic, remote work and online collaboration are the new ways of doing business. Companies use collaboration platforms such as Slack and Microsoft Teams, which allow for messaging among employees, as well as Zoom and Webex for video calls and conferences.

In a Law360 article titled "Refining Info Governance As E-Discovery Gets More Complex," healthcare partner Kirk Davis in Tampa, e-Discovery services director Elan Hersh in Fort Lauderdale, and associate Lauren Gandle in Tampa emphasize that companies must develop an understanding of how business collaboration platforms work and their implication for document discovery in threatened or actual litigation.

The authors write, "With the growth of online business collaboration tools and the ever-increasing volume of ESI [electronically stored information], all companies are well-advised to develop strategies for: (1) navigating the preservation and organization of data from chat conversations, video calls, and other communication technologies for discovery requests; and (2) managing risk and compliance requirements for data stored in these platforms.

….Keep in mind that many companies use multiple collaboration technologies. Therefore, it is important to know which tools are currently in use and how these platforms retain and store data. There are also many other types of data that may be subject to discovery. These include text messages on cellphones and messaging apps as well as audio data from recorded conversations."