If your organization has or is in the process of moving to M365, you know that Microsoft frequently introduces new features and retires existing features that can impact existing corporate processes and workflows.  Since keeping track of these changes can be difficult, Redgrave LLP wants to draw your attention to a recent announcement that could result in the need for modifications to your eDiscovery processes.

At the beginning of 2020, Microsoft announced retirement dates for its Legacy eDiscovery tools in Exchange Online.  Planning for this retirement began in 2017 but was delayed due to the addition of eDiscovery features to the Security and Compliance Center (now included in the M365 Compliance Center).

The Legacy eDiscovery tools to be retired include the following:

  • In-Place eDiscovery & In-Place Hold functionality in the Exchange Admin Center (EAC)
  • The Exchange Online PowerShell cmdlets that support In-Place eDiscovery and In-Place Holds (MailboxSearch cmdlets)
  • Search-Mailbox cmdlet in Exchange Online PowerShell
  • Operations within the Exchange Online Web API (GetSearchableMailboxes, SetHoldOnMailboxes, GetHoldOnMailboxes)
  • O365 Advanced eDiscovery 1.0, which was the first version of Advanced eDiscovery accessible through an eDiscovery case in the O365 Security and Compliance Center

The eDiscovery functionality being retired only applies to cloud-based versions of Microsoft 365 and Office 365. eDiscovery functionality in on-premises versions of Exchange and SharePoint will continue to be supported until further notice.
 
Timeline for the retirement of these features: 

  • April 1, 2020: No creation of new searches or holds. Running, editing, and deleting existing searches are at your own risk and will not be supported by Microsoft.
  • July 1, 2020: In-Place eDiscovery & Holds in EAC will be in read-only mode, meaning searches and holds can only be removed, not modified.

Microsoft has transitioned most of the features being retired to the M365 Compliance Center.  The current utilization of legacy features in your eDiscovery processes will require changes to ensure you can continue to take reasonable and proportional steps to manage discovery.  Determining the required changes to internal eDiscovery processes will depend on several factors. We would encourage legal and IT teams to work together to assess the impact and define defensible eDiscovery workflows that will work within the newer feature set.
 
Redgrave has partnered with legal departments and IT teams to evaluate the defensibility of eDiscovery processes and has assisted companies with the development of processes to support discovery in this ever-evolving platform.  If you have questions regarding how to re-define your processes utilizing Microsoft’s active features or would like assistance in evaluating your overall discovery or information governance processes, we welcome the opportunity to speak with you and invite you to contact Staci Kaliner, Managing Director, at skaliner@redgravellp.com or your regular Redgrave LLP contact. 

Learn more about Microsoft’s retirement of Legacy eDiscovery tools here.

If you are interested in viewing our recent Redgrave LLP webinar on O365, please navigate here.