The digital discovery landscape constantly evolves, creating new challenges for litigators navigating electronically stored information. Judge Godbey's March 2025 decision in Yvonne v. Solera Holdings exposes critical gaps between technology and legal frameworks that every attorney should understand.

At the heart of this employment discrimination case lies a precedent-setting ruling about Slack messages that should alarm litigation professionals. The court found that because the defendant lacked an export-capable Slack plan, they had no "possession, custody, or control" over potentially relevant communications. This troubling conclusion effectively rewards companies for maintaining lower-tier communication platforms that shield evidence from discovery obligations. For litigators, this underscores the urgent need to understand client communication systems before disputes arise.

The decision offers a masterclass in discovery burden allocation. Judge Godbey meticulously outlines how parties objecting to terms as "vague and ambiguous" must specifically demonstrate that ambiguity—not merely assert it. Similarly, the stark contrast between failed Slack requests and successful Chatter demands illustrates how evidence of relevance dramatically changes outcomes. A former employee's declaration about discriminatory comments provided the necessary foundation for compelling Chatter communications, while the absence of similar evidence doomed the Slack requests.

Privacy considerations emerge as another crucial theme, with the court protecting non-party supervisors' performance records despite their potential relevance. Savvy attorneys should anticipate such objections by proactively proposing redactions or protective orders rather than leaving these determinations entirely to judicial discretion. The lesson? Discovery success depends on meeting your burden, understanding technical limitations, and anticipating counterarguments before they arise. When it comes to modern ESI discovery, what you don't know absolutely can hurt your case.

Thank you for tuning in to Meet and Confer with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on creating cost-effective discovery strategies leveraging ESI, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy.