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In litigations and investigations, e-discovery is a critical component of strategy and fact development. Businesses that give it short shrift do so at their peril. Paul, Weiss has achieved a reputation for unparalleled excellence in litigation and investigations; our e-discovery efforts are an integral part of this success.

Federal E-Discovery: Hyperlinks Are Not Attachments, Court Finds

June 1, 2021

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Hyperlinks Are Not Attachments, Court Finds,” appeared in the June 1 issue of the New York Law Journal. The article discusses the electronically stored information (ESI) collection in Nichols v. Noom, in which parties disagreed on how Noom would obtain documents from Google Workspace. The plaintiffs argued that documents referenced in emails by a hyperlink were akin to attachments, but that Noom’s use of Google Vault for document collection would not pull such hyperlinked documents. In its analysis, the court noted that, while “hyperlinked internal documents could be akin to attachments, this is not necessarily so,” and “many of these underlying hyperlinked documents may be unimportant to the communication.” Denying the plaintiffs’ motion, the court ruled that the process it had previously set forth regarding hyperlinks—that Noom would provide hyperlinked material upon plaintiffs’ request—was appropriate. E-discovery counsel Ross Gotler and associate Dana Kennedy assisted in the preparation of this article.

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