Modern Attachments: Pointers Are Not the Problem When It Comes to Preservation | Legaltech News – Law.com

Modern Attachments: Pointers Are Not the Problem When It Comes to Preservation | Legaltech News – Law.com

Modern Attachments: Pointers Are Not the Problem When It Comes to Preservation | Legaltech News – Law.com 0 0 Alan Dickson

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COMMENTARY
The problem with preservation pertains to referenced content and whether organizations need to retain “as sent” versions of content referenced in messages with pointers.
September 13, 2022 at 12:00 PM
7 minute read
E-Discovery
In this second article of our series addressing discovery challenges associated with pointers, i.e., “modern attachments” in the Microsoft 365 (“M365”) ecosystem, we turn to preservation. When it comes to preservation, pointers are not the problem; they are easy to preserve as part of the sent message.
The problem with preservation pertains to referenced content and whether organizations need to retain “as sent” versions of content referenced in messages with pointers. We explained in our previous article that no family relationship exists between messages with pointers and referenced content; thus, there is no duty to retain “as sent” versions of referenced content (where that is even possible) to ensure those versions are available for preservation at some later date.
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