Shouldn’t we be aghast that firms still deal with tracked changes and comments in Word documents by simply wishing them away? “It isn’t discoverable if it wasn’t in the final version” is a risky rationale. “It might be privileged, so quietly remove it all,” is well, kinda nuts.
Here’s why: Consider that ESI can be broadly characterized as a record, a communication or a hybrid of both. What we store for retrieval is a record, and what we transmit is a communication. There’s much crossover, and sometimes we show instead of tell. Continue reading
