In this week’s Case of the Week, Kelly Twigger breaks down the crucial decision in Nichols v. Noom Inc., 2021 WL 948646 (S.D.N.Y. 2021), a case with far-reaching implications for how legal teams manage the collection and production of hyperlinked documents. This episode focuses on a pivotal challenge in modern eDiscovery: the complications of dealing with hyperlinks in emails instead of traditional attachments—and the technological limitations of collection and review platforms in handling this new reality.
Kelly explores the Southern District of New York’s analysis, led by Judge Katherine Parker, which emphasizes the evolving nature of electronically stored information (ESI). The case examines whether hyperlinked documents should be treated as attachments and the proportionality concerns of forcing defendants to recollect data using forensic tools like FEC from Metaspike.
The practical implications are significant: Noom’s use of Google Vault for data collection raised issues about missing metadata, document relationships, and the plaintiffs' inability to link hyperlinked documents back to emails. Kelly provides valuable insights into how parties must adapt their ESI protocols to account for platforms like Google Apps and Microsoft Teams, where hyperlinked documents are prevalent.
With key takeaways on the necessity of planning collection strategies that address hyperlinked content, Kelly also discusses the court’s reasoning in balancing discovery obligations with proportionality concerns under the Federal Rules of Civil Procedure. The episode highlights how the absence of standardized metadata fields for linked documents presents new challenges for eDiscovery professionals—and why it’s time for the legal community to rethink traditional assumptions about attachments in modern communication.
This episode is a must-listen for litigators and eDiscovery professionals navigating class actions or complex business disputes. Join Kelly as she shares practical strategies for addressing this emerging issue, ensuring your ESI protocols account for today’s data realities, and preparing your team for the future of eDiscovery.
𝐍𝐢𝐜𝐡𝐨𝐥𝐬 𝐯. 𝐍𝐨𝐨𝐦 𝐈𝐧𝐜., 𝟐𝟎𝟐𝟏 𝐖𝐋 𝟗𝟒𝟖𝟔𝟒𝟔 (𝐒.𝐃.𝐍.𝐘. 𝟐𝟎𝟐𝟏)
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Have questions for Kelly or have a specific decision you would like us to cover? Reach out at hello@ediscoveryassistant.com!
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