The Changing eDiscovery Landscape
eDiscovery has always been a moving target, but 2025 is shaping up to be a turning point.
Litigators now face three major challenges:
- AI-generated evidence – Courts and regulators are imposing new disclosure and authentication requirements.
- Collaboration tools like Slack & Teams – The sheer volume of data from workplace chat tools is overwhelming firms.
- State-by-state AI regulations – Laws like Colorado’s S.B. 205 are requiring disclosure of AI-generated content, forcing lawyers to rethink privilege and compliance strategies.
Failing to adapt could mean sanctions under FRCP Rule 37(e) or losing key evidence that could have won your case. Let’s break down what you need to do to stay compliant and competitive.
Admissibility of Slack & Teams Messages in Litigation
Are Collaboration Tool Messages Evidence?
Absolutely—but getting them admitted isn’t always easy.
💬 Unlike emails, Slack and Teams messages are short, informal, and often lack clear timestamps, which raises authentication challenges in court.
⚖️ Under Federal Rule of Evidence (FRE) 902(14), electronically stored information (ESI) can be self-authenticating, but firms need to properly collect, preserve, and format messages before they can be used in court.
Best Practices for Handling Slack & Teams Data
1️⃣ Use Legal Hold Procedures – Microsoft Teams and Slack both allow for legal holds, but settings must be configured before a dispute arises.
2️⃣ Collect Full Conversation Context – Courts prefer messages with timestamps, metadata, and surrounding conversations rather than isolated messages.
3️⃣ Export in Admissible Formats – JSON and CSV exports from collaboration tools may not be easily reviewable by courts—convert them to PDFs or native review formats when necessary.
💡 Pro Tip: Ensure your firm is familiar with Microsoft Purview’s legal hold tools for Teams and Outlook—these integrate directly into eDiscovery workflows.
State AI Disclosure Laws & Their Impact on Discovery
Colorado S.B. 205: A New AI Disclosure Requirement
Colorado’s S.B. 205 requires parties in litigation to disclose when AI-generated content is used as evidence.
⚠️ This raises serious questions about AI-generated contracts, chat transcripts, or even AI-assisted legal research.
How to Comply with Emerging AI Laws
✔ Maintain AI Usage Logs – If your firm uses AI for document review, brief drafting, or contract analysis, keep internal records of AI involvement.
✔ Implement AI Authenticity Verification – Use watermarking or metadata tracking to confirm whether documents were human-created or AI-assisted.
✔ Check State-by-State Requirements – While Colorado is leading the way, expect other states to pass similar AI disclosure laws in the next 12-24 months.
💡 MCLE Tip: Offer a CLE session covering AI’s impact on evidence authentication under FRE 902(14) to prepare attorneys for these new requirements.
Preservation Risks in Ephemeral Messaging Apps
The Rise of Disappearing Messages
Apps like WhatsApp, Telegram, and Signal allow for ephemeral messaging, meaning messages automatically disappear after a set period.
❌ Big problem: If key case evidence vanishes, you could be facing spoliation sanctions under FRCP Rule 37(e).
How to Handle Ephemeral Messaging in Discovery
🔹 Educate Clients Early – Many clients don’t realize that deleting messages could lead to legal trouble if they are later needed in a lawsuit.
🔹 Consider Corporate Policies on Messaging Apps – Some companies are now banning ephemeral messaging for business communications due to compliance risks.
🔹 Use AI-Based ESI Monitoring – Legal AI tools can track, categorize, and archive relevant messages before they disappear.
💡 Legal Trend: Courts are beginning to view companies using ephemeral messaging for business as potential bad faith actors in discovery disputes.
Actionable Steps for Law Firms in 2025
1. Implement a State AI Discovery Compliance Checklist
Create a state-by-state tracking system for AI disclosure laws like Colorado’s. Monitor regulatory updates to avoid non-compliance.
2. Optimize Your Legal Hold & Retention Policies
- Slack & Teams: Enable litigation hold settings before disputes arise.
- Confluence & Google Docs: Set retention periods to prevent premature deletions.
- Ephemeral Messaging: Proactively discuss legal risks with corporate clients.
3. Train Your Litigators on AI & eDiscovery Ethics
Host an AI CLE course covering:
✅ AI-generated evidence authentication under FRE 902(14)
✅ eDiscovery risks with ephemeral messaging & collaboration tools
✅ Compliance with state AI disclosure laws
Final Thoughts: eDiscovery Is No Longer Just About Emails
Collaboration tools, AI-generated content, and ephemeral messaging are completely reshaping legal discovery. Lawyers who fail to adapt their eDiscovery workflows risk losing cases—or worse, facing sanctions under Rule 37(e).
📌 Take Action Now:
✔ Update your Slack/Teams eDiscovery procedures
✔ Review AI-generated content for compliance with new state laws
✔ Ensure legal holds are in place before evidence disappears
