Insights Articles

As legal teams prepare for discovery, the scope of electronically stored information (ESI) continues to expand, and so does the complexity of data collection. Traditional sources like email and shared drives are now joined by chat platforms, collaboration tools, and mobile devices that blur the lines between personal and professional communication. For litigation teams, understanding how to collect, preserve, and produce these new data types is essential to meeting discovery obligations. 

Why “Collect Everything” Doesn’t Work 

For years, many legal teams defaulted to broad collection strategies, capturing everything and filtering later. But with the rise of multi-format chat platforms, that approach has become inefficient and costly. Collecting entire Slack workspaces or full mobile device backups can create terabytes of data, much of it irrelevant. 

Instead, defensible proportionality is the standard. Counsel must work closely with forensic eDiscovery experts to target relevant custodians, timeframes, and channels while maintaining data integrity. Courts are increasingly expecting legal teams to demonstrate that they understand the nuances of these platforms and have taken reasonable steps to preserve and produce only what is necessary. 

Unique Challenges of Chat Platforms and Collaboration Tools 

Slack and Teams 

Slack and Microsoft Teams data often live in complex, cloud-based environments. Messages can exist in private channels, direct messages, or integrations with other apps. Native exports rarely preserve the full conversation context, and metadata can be lost if data collection is not handled properly. 

Best practice: Use purpose-built forensic eDiscovery tools that can capture messages, reactions, edits, and timestamps in their original sequence, preserving authenticity and usability during review. 

Zoom and Other Video Platforms

Zoom creates data beyond recordings, including chat logs, transcripts, participant lists, and meeting metadata, all of which form part of the ESI universe. These elements can be crucial in matters involving who attended, what was discussed, and what files were shared. 

Best practice: Coordinate with IT teams to identify where Zoom data resides, whether in the cloud, local storage, or a hybrid environment, and implement retention policies that align with legal hold requirements. 

Mobile Devices

Mobile data collection poses unique privacy and proportionality challenges. Personal devices often contain both work-related and personal information, making full device imaging impractical and intrusive. 

Best practice: Utilize selective collection techniques that isolate relevant data sources when possible, such as specific apps, date ranges, or chat threads, while maintaining defensibility. Transparency with custodians and clear documentation of collection parameters are key.

Practical Steps for Legal Teams in Data Collection 

1. Update ESI Protocols

Review and revise discovery protocols to reflect modern communication tools. Define what constitutes reasonable data collection efforts for chat platforms, video, and mobile data.

2. Engage Early with Forensic eDiscovery Experts

Early collaboration with forensic eDiscovery professionals can prevent spoliation risks and streamline downstream review by ensuring collections are in processing and review-friendly formats.

3. Educate Clients and Custodians

Many employees are unaware that their Slack or WhatsApp messages could be subject to discovery. Proactive education and clear communication policies help mitigate risk.

4. Adopt Technology Purpose-Built for Modern Data

Partner with providers that offer advanced data collection solutions capable of parsing chat platforms, extracting structured metadata, and maintaining data fidelity.

Responding to User Confusion About ESI Scope 

As new collaboration tools emerge, confusion persists about what falls within the scope of ESI. Courts continue to affirm that any medium used for business communications, regardless of form, can be discoverable. The key for lawyers is not only knowing where the data resides, but how it behaves, including how it is stored, who controls it, and what happens when it is deleted or edited. 

By embracing a proactive, technology-informed approach, legal teams can reduce uncertainty and ensure they meet discovery obligations while controlling cost and scope. 

Partnering for Defensible Data Collection 

At Array, we help legal teams navigate the evolving complexities of data collection and forensic eDiscovery. Our team of experts understands how to defensibly collect and process data from chat platforms, collaboration tools, and mobile devices, preserving accuracy, minimizing disruption, and reducing risk throughout the litigation lifecycle. 

In a world where the definition of ESI is constantly expanding, partnering with the right provider ensures your team stays ahead of the curve and fully prepared for the next wave of digital communication.