Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage.

How times have changed. Now, information resides in an ever-expanding array of places, including cloud platforms, collaboration tools, mobile apps, and short-form messaging systems.

As data sources continue to grow, it’s not enough for legal professionals to know where information lives. They also need the right tools, technical skills, and coordination to manage the process—especially when addressing eDiscovery for cloud data and collaboration systems.

This post highlights five of the most common data source challenges modern legal teams face and offers practical strategies and eDiscovery best practices for tackling them head-on.

1. Managing Collaborative Platforms (Teams, Slack, Google Workspace)

Collaboration tools are a blessing and a curse: they have improved productivity but complicated discovery.  Unlike static email threads, applications such as Microsoft Teams, Slack, and Google Workspace store data in multiple locations and update it continuously. Messages evolve, threads expand, and linked files change. 

Each platform also handles storage and permissions differently. For example, a Slack channel under a free license won’t have the same export or retention features as an enterprise workspace. Microsoft 365 distributes Teams data across chat, SharePoint, and OneDrive, each with its own metadata and retention settings.

It’s easy for data to slip through the cracks. For instance, a company might collect Microsoft Teams data assuming all shared files live in SharePoint—only to later discover that half the links point to personal OneDrive folders or a third-party cloud service used by a consultant.  

These gaps can delay schedules and increase costs, so plan accordingly by building in extra time for validation and addressing potential issues during meet-and-confer discussions. Verify what your client’s systems can support. Problems often arise when legal teams commit to producing data their technology simply can’t deliver. Early collaboration among legal, IT, and discovery specialists helps ensure realistic expectations and defensible outcomes while laying the groundwork for sound ESI protocols later.

2. Handling Modern Attachments and Contemporaneous Versions

As cloud storage and link sharing replace traditional attachments, new risks have surfaced in the discovery process. A document linked in an email or chat may change after it’s sent, leaving reviewers uncertain about which version was viewed or replied to.

A common example is a shared Google Sheet that continues to update after it’s linked in an email. Unless version history is captured, reviewers may never see the exact data the sender relied on.

Because linked content can change or disappear without notice, it’s important to identify linked materials early and verify how they can be preserved. Confirm with your vendor that linked files can be collected and reproduced defensibly. 

Discovery teams shouldn’t assume they already understand a client’s systems, as data structures vary and evolve quickly. To manage these challenges effectively, teams should take a structured, proactive approach:

1. Interview IT and forensic experts to understand how systems are configured and whether older or legacy environments might still contain relevant data.
2. Define preservation methods for linked or cloud-hosted documents before collection begins.
3. Capture key metadata showing version history and document relationships.
4. Use review tools that display linked content in its original context.

3. Collecting Mobile and Ephemeral Data

Mobile devices and messaging apps have become indispensable for workplace communication. Yet company-issued phones, personal devices under BYOD policies, and encrypted apps such as WhatsApp, WeChat, or Signal each present unique preservation challenges.

Even the best corporate policies can’t prevent informal habits. Employees often use personal or encrypted apps for convenience, particularly during outages, travel, or sensitive discussions. These tools aren’t inherently problematic; many serve legitimate security purposes, like maintaining end-to-end encryption between iPhone and Android users. The real challenge is ensuring that data from these sources isn’t lost.

Without proper oversight, automatic deletions and device upgrades can quietly erase key evidence. Legal holds should explicitly cover mobile data and ephemeral messaging, and clients must understand their preservation obligations. If deletion settings are active, screenshots or exports may need to be captured immediately, since changing a retention rule later won’t recover what’s already gone.

Early involvement from mobile device management teams and forensic specialists can prevent data loss.

Finally, mobile and messaging data should be written directly into the ESI protocol so expectations are clear from the outset. Consistency and transparency help avoid unpleasant surprises later—no one wants to uncover an email referencing a “Signal conversation” that was never collected.

4. Data Mapping and Custodian Interviews in Complex Environments

Modern organizations often have fragmented systems, especially those shaped by mergers, acquisitions, or rapid technology adoption. Coordinating closely with both IT and individual custodians is the best way to uncover hidden or legacy data sources that affect discovery.

A focused, two-tiered interview process works best:

• IT teams can outline what systems exist and how they’re structured.
• Custodians can reveal how employees actually use those systems daily.

During these interviews, custodians should share screens to show exactly where files are stored, whether in a shared drive, SharePoint site, or personal folder. 

Consider this example: during a data-mapping exercise, a finance manager revealed that monthly reports were routinely exported to a personal desktop folder for formatting—something IT didn’t know. Without that conversation, those files would have been missed.

Once data sources are identified, scope becomes critical. Not every matter requires an enterprise-wide data map, but each case should maintain a clear, accurate view of the relevant systems and custodians. Treat that map as a living document: update it as new information surfaces, and use it to demonstrate diligence, support defensibility, and improve efficiency. 

Thorough documentation of interviews and collection decisions not only streamlines discovery but also supports stronger eDiscovery data collection practices.

5. Building Defensible ESI Protocols and Data Collection Strategies

Today’s discovery environment demands both flexibility and precision. Overly rigid ESI protocols can create obligations that are unrealistic or even impossible to meet. Courts have criticized lengthy, highly prescriptive protocols when parties later find themselves unable to comply.

A simple example illustrates why: one legal team agreed to produce data from a system that couldn’t export attachments natively. The resulting re-collection delayed discovery by several weeks. A short technical check-in early on would have prevented it.

To avoid similar issues, confirm early that proposed collection and production methods are technically feasible. Build in flexibility by including language that allows the parties to meet and confer if limitations arise. An effective ESI protocol should define what data will be collected, how it will be handled, and from which systems, without locking teams into procedures they may not be able to fulfill.

Decisions about collection methods also require balance. Self-collection can save time and cost, but it raises concerns about completeness and chain of custody. A hybrid model often works best: the client conducts the collection while a forensic expert observes through live screen-share to confirm settings and prevent errors. That hour of oversight can prevent weeks of re-collection later.

Vendor-led collection preserves metadata and consistency but costs more. Choose the approach that fits your client’s resources and risk tolerance, then document every step and communicate openly with opposing counsel to stay defensible.

Finally, allow room for adaptation. New data sources often surface mid-case, and flexible protocols make it possible to adjust without reopening negotiations. The strongest discovery programs are built on documented processes, expert collaboration, and open communication among legal, IT, and compliance teams. 

Preparing for What’s Next in eDiscovery Data Management

The data sources that drive litigation and investigations will continue to evolve with advances in AI, automation, and cloud technology. As more organizations adopt AI tools that summarize, translate, or generate content, understanding how those outputs are stored and versioned will become the next major eDiscovery challenge.

Ultimately, effective eDiscovery data management is built on preparation, documentation, and collaboration. Teams that understand their systems, preserve data defensibly, and communicate clearly are best positioned to navigate today’s challenges and adapt to whatever comes next.

Ready to strengthen your data governance? Let’s talk about how TransPerfect Legal can help your team streamline eDiscovery across systems.