Can a Producing Party Refuse to Produce Linked Attachments to E-Mail?

In this post, Craig Ball addresses the following question from a fellow eDiscovery professor, in sum and substance: Can a party refuse to produce "attachments" that are essentially included as links within an email, such as between Gmail and Google Drive?  Craig walks us through his answer by addressing the discoverability factors (i.e., relevance, non-privileged records, in a party's possession, custody or control, and satisfy the proportionality factors.)  He further highlights two key wrinkles that such linked attachments could present.  Continue reading

Written by Craig Ball

Craig Ball of New Orleans and Austin is a Texas trial lawyer, computer forensic examiner, law professor and noted authority on electronic evidence. He limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery and has served as the Special Master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S.

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