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From GIFs to Gotchas: Why Slack is the New Frontier in Legal Discovery

Cat Casey
August 23, 2024

8 min read

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When email first disrupted the communication landscape, it shook up discovery in a way that felt familiar—like an old school letter, but digital. Enter Slack, the rebel of real-time communication, and suddenly, we're in uncharted territory. Slack isn't just a new spin on email; it's a beast all its own, with live chats, emojis, GIFs, and a relentless flow of data that makes traditional eDiscovery tools break a sweat.

These collaboration tools offer a wealth of information potentially relevant to litigation or investigation. But can be a nightmare. Reveal realized that adopting these tools reached a tipping point and recently acquired ONNA. The industry's first specialized tool built to face Slack data challenges head-on.

‍Welcome to the wild world of Slack!

Slack and Microsoft brethren Teams are the king and Queen of workplace chatter in today's digital jungle. Its real-time messages, gifs, and endless channels are the lifeline for modern business communication. But Slack can be a formidable challenge for litigation lawyers and eDiscovery professionals. A digital tidal wave of information.

So, how do you navigate this storm?

Is Slack Discoverable (Hint: YES!!)

Step one: realize you have the same legal obligations with collaboration tools as the email and paper documents that preceded it. I recall sitting in a rainmaker’s office in 2006 and seeing the CRT monitor and Desktop computer propped up as bookends for decades-old law tomes. And overhearing this same brilliant litigator ask, “So do you think this email stuff is discoverable?”

The answer was a resounding Yes. The Federal Rules amendments released that same year codified the discoverability of email and all other forms of relevant electronically stored information (ESI) that followed. Slack Data Included.

Understanding Slack Beast

So, what do I mean by "Slack Attack"? Think of it as the digital equivalent of facing a tidal wave of communications during eDiscovery from your favorite collaboration tool. Slack data isn’t just emails and documents. It holds a wealth of fragmented conversations, multimedia messages, and an informal tone, all making it a unique beast to tame.

Handling Slack data is like navigating the Upside Down in Stranger Things. Unexpected, complicated, and crucial to your case.

Slack At-a-Glance

Starting at the top, Slack is a different animal from email in terms of organization structure and access. At the top level, you have what are known as Slack Workspaces. But this is broken down into a myriad of other sublocations, all of which may contain discoverable information.

Slack Workspace

Each instance of Slack is known as a Workspace. This shared digital space might be one of many an individual is a member of. Designed to foster communication, collaboration, and document sharing.

Slack Channel

The workspace contains a myriad of individual communication groups known as channels. These communication groups may be publicly accessible or private channels for only select users. The topics vary wildly from company pets to technical issues or general workplace water cooler chatter.

These channels come in two flavors: Public channels anyone can access and private channels not for prying eyes and invite-only. Depending on your license with Slack, these may or may not be accessible in the event of a discovery obligation. It is important in many cases to access these channels, but not for prime time. They may be where the most sensitive data or confidential information resides.

Threads

A Slack thread is your go-to for keeping those chaotic channel conversations in check. Think of it as a sidebar for the main event—where you can dive deep into the nitty-gritty without cluttering up the entire chat. It’s like having a private chat within the public square—perfect for the legal eagles who want to stay sharp, focused, and on point.

Direct Slack Messages

Sometimes known as simply DM’s, Slack enables any user within a. Slack workspace to send a direct message to any other user.

Slack Connect - Shared Channels

Communication with external organizations is possible by creating channels spanning multiple Slack workspaces. This allows for collaboration and communication to expand beyond your organization’s workspace. But It may expand your digital risk beyond your organization.

Slack Huddles

Slack offers an audio-only way to connect directly with fellow workspace members via channel or DM. With a click of a huddle button, your team can interact in real-time via voice.

Slack Video Conferencing

Calls with Video and voice can also be kicked off directly from a Slack channel or DM. Once again, just a single click can kick off real-time visual interaction.

Modern Attachments

And as if this was not convoluted enough, enter modern attachments. Hyperlinks to document repositories like Google Drive, SharePoint, and the Box can reside in Channels, threads, DMs, and more. Adding complexity to preservation, collection, and discovery along the way.

Gifs, Emojis, and Pics Oh My!

The fun does not stop with modern attachments alone... the short format style of Slack makes it ideal for sharing funny GIFs, memes, emojis, and more. In many channels, the content may be more visual than textual. You need to ensure that your eDiscovery software can support and render this content effectively. Or you might not have the full context within a thread or message.

Welcome to the Danger Zone

So, there you have it—Slack: the digital playground that doubles as a discovery minefield. It’s a place where your team’s witty banter, favorite memes, and even that “harmless” GIF could suddenly become the star witness in your next big case. But don’t worry, with ONNA in your corner, you’re not just surviving the Slack attack—you’re mastering it.

In this wild west of digital communication, Slack and its crew of emojis, threads, and GIFs aren’t just for laughs—they’re for keeps. And that means they’re discoverable. So, strap on your eDiscovery boots and get ready to wrangle that data like a pro. Because in the Slack era, the real treasure might just be hiding in plain sight… under a pile of cat memes.

Welcome to the future of discovery, where every click, chat, and channel could be the key to cracking your case wide open.  

Happy hunting!

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