Microsoft Purview EDiscovery Playbook EPIQ Nov 2023 Final3
Microsoft Purview EDiscovery Playbook EPIQ Nov 2023 Final3
eDiscovery Playbook
November 2023
[email protected]
www.epiqglobal.com
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Contents
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Non-Custodial Data Locations ........................................................................................... 22
Teams as Data Sources ........................................................................................................ 24
Where Teams Stores Data .............................................................................................. 25
Teams as Custodial Sources ........................................................................................... 26
Teams as Non-Custodial Sources ................................................................................. 27
Update Data Sources ............................................................................................................ 28
Hold ..................................................................................................................................................... 28
Understanding Preservation in Microsoft Purview .................................................... 29
Preservation for Mailboxes .............................................................................................. 29
Preservation for SharePoint ........................................................................................... 29
Manually Creating a Hold .................................................................................................... 30
Optional: Limit a Hold with a Query ................................................................................ 30
Communications (Issue a Legal Hold) .................................................................................... 31
Create a Communication from Scratch ............................................................................. 32
Monitor and Report on Communication Acknowledgements.................................. 37
Create a Communication from a Template ...................................................................... 38
Collections ........................................................................................................................................ 39
Create a Collection..................................................................................................................... 39
Select Custodial Sources for Collection .............................................................................. 40
Select Non-Custodial Sources for a Collection................................................................. 41
Select Additional Locations to Search in a Collection ................................................... 41
Additional Location Searches: Exchange ...................................................................... 42
Additional Location Searches in SharePoint ................................................................ 43
Define your Search Query ....................................................................................................... 44
Use the New Query Builder to build a Query ............................................................... 45
Use the Condition Card Builder to build a Query ......................................................... 1
Use the KQL Editor to build a Query ................................................................................. 3
Use KQL Editor to Build a Query ......................................................................................... 4
Review Collection Progress and Estimates..................................................................... 5
Review Collection Search Statistics ....................................................................................... 7
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Review a Sample of Collection Results ................................................................................. 7
Committing a Collection to Review Set ............................................................................... 8
Other Review Set Actions .......................................................................................................... 8
Items on the Collection Actions Button (Figure 61) ................................................. 9
Review Sets....................................................................................................................................... 10
Committing to a review set options: .......................................................................................... 10
Retrieval Options: ...................................................................................................................... 11
Collection ingestion scale: ......................................................................................................... 11
Run Analytics in a Review Set ................................................................................................ 14
Filter a Review Set ...................................................................................................................... 14
Grouping ............................................................................................................................... 16
Tags ......................................................................................................................................... 17
Processing ........................................................................................................................................ 20
Exports ............................................................................................................................................... 21
Jobs Report....................................................................................................................................... 26
Advanced Topics............................................................................................................................. 28
Compliance Boundaries .......................................................................................................... 28
Automation .................................................................................................................................. 28
Converting Standard eDiscovery Cases to Premium eDiscovery Cases ................ 29
Premium eDiscovery Settings ............................................................................................... 30
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Document Notes
Throughout this document there are several text boxes that have been used to draw attention to
important considerations when using eDiscovery Premium. The following is a key to these tables:
Note
Note boxes call your attention to something specific in the document and give some
additional context to the section.
Important Note
! Important Note boxes note points you need to be fully aware of when making decisions
regarding how to use Microsoft Purview eDiscovery Premium. Skipping recommendations
in the important note boxes may limit your access to the full functionality of eDiscovery
Premium.
Tip
Tip boxes highlight Epiq’s best practice recommendations for Purview eDiscovery.
Note
Microsoft is continually improving all M365 products, including eDiscovery. Because of this
there are frequent small, and sometimes significant, changes to the interface. Rather than
including a voluminous number of screen shots in this document, we frequently link to
Microsoft’s documentation which will include up to date images and descriptions of the
features discussed here.
Introduction
What is Microsoft Purview?
In April of 2022, Microsoft rebranded and gathered all of the compliance products in both M365 and
Azure as Microsoft Purview. Microsoft’s eDiscovery tools (Standard and Premium) are part of the
Purview Platform. eDiscovery “adjacent” solutions in Purview include Data Lifecycle Management
(retention and records management,) and Audit Log.
Note
To access any of the solutions on the portal you must be granted permission. See
Permissions in Purview later in this document for more information.
To Learn More about Purview See: What is Microsoft Purview? | Microsoft Learn
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to search M365 content using Microsoft’s standard index and export the results. Standard eDiscovery
adds the ability to organize searches by case and place location holds to preserve M365 data in place.
Premium eDiscovery adds Advanced Indexing, Optical Character Retention, Custodian management, and
a growing list of features as detailed in the chart below. Content search and Standard eDiscovery are
included in all Enterprise, Government, and Education license levels of M365. Premium eDiscovery
requires that each custodian and users that receive the benefit of using Premium eDiscovery have an
elevated license known as “E5” (or G5 or A5.)
For more information on M365 licensing see: Compare Microsoft 365 Enterprise Plans | Microsoft 365
Advanced Indexing
Premium eDiscovery’s Advanced Indexing combined with OCR (see Optical Character Recognition)
greatly reduces the number of unsearchable or partially searchable items when compared to Microsoft’s
basic Content Search and Standard eDiscovery platforms. In addition, Premium eDiscovery Review Sets
and reporting tools gives eDiscovery practitioners more insight into why items, like password protected
files, are not searchable.
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The word “index” has multiple meanings in technology, the legal world, and eDiscovery. When we refer
to the index in Purview eDiscovery and M365, we are referring to the tools that make content
searchable. When you do a search in Outlook or SharePoint, to find content you utilize the Exchange
Online and SharePoint indices. Purview’s Content Search and Standard eDiscovery also use the Exchange
and SharePoint indices.
Microsoft optimizes its Exchange and SharePoint indices for speed and not completeness. Because of
this, M365 items may not be completely searchable when using Content Search and Standard
eDiscovery. Microsoft has documented the limitations of these indices here: Partially indexed items in
Content Search | Microsoft Learn
Premium eDiscovery builds on the standard M365 indexing with Advanced Indexing. When data sources
are added to a Premium eDiscovery case, Premium eDiscovery examines the existing indices for the data
sources, identifies any partially indexed items and reindexes the items.
See: Advanced indexing of custodian and non-custodial data sources | Microsoft Learn
Custodian Management
In a Premium eDiscovery case, legal teams can add individuals in their organization as custodians and
identify and preserve custodial data sources such as Exchange mailboxes, OneDrive accounts,
SharePoint, and Teams sites. Identification of custodial sources initiates the advance indexing process in
the locations. eDiscovery Holds, which secure information from inadvertent (or intentional) deletion by
preserving data in place, can be placed on all custodial sources by checking a single checkbox. During the
collection phase, all custodial data sources may be sourced all at once or individually.
Email Threading
Consider an email conversation that has been going on for a while. In most cases, the last message in
the email thread will include the contents of all the preceding messages. Therefore, reviewing the last
message will give complete context of the conversation that happened in the thread. Email threading
identifies such messages so that reviewers can review a fraction of collected documents without losing
any context. Email threading parses each email thread and deconstructs it to individual messages. Each
email thread is a chain of individual messages. Microsoft Purview eDiscovery Premium analyzes all email
messages in the review set to determine whether an email message has unique content or if the chain
(parent messages) is wholly contained in the final message in the email thread.
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Once all documents have been compared and grouped, a document from each group is marked as the
"pivot"; in reviewing your documents, you can review a pivot first and review the other documents in
the same near duplicate set, focusing on the difference between the pivot and the document that is in
review.
Conversation Threading
Instant messaging is a convenient way to ask questions, share ideas, or quickly communicate across
large audiences. As instant messaging platforms, like Microsoft Teams and Viva Engage groups, become
core to enterprise collaboration, organizations must evaluate how their eDiscovery workflow addresses
these new forms of communication and collaboration.
The conversation reconstruction feature in Microsoft Purview eDiscovery Premium is designed to help
you identify contextual content and produce distinct conversation views. This capability allows you to
efficiently and rapidly review complete instant message conversations (also called threaded
conversations) that are generated in platforms like Microsoft Teams.
With conversation reconstruction, you can use built-in capabilities to reconstruct, review, and export
threaded conversations. Use Premium eDiscovery conversation reconstruction to:
Communications
Microsoft Purview eDiscovery Premium allows legal departments to simplify their processes around
tracking and distributing legal hold notifications. The custodian communications tool enables legal
departments to manage and automate the entire legal hold process, from initial notifications, to
reminders, and to escalations, all in one location.
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Cloud Attachments
Cloud attachments, a.k.a. modern attachments, are email and Teams 1 attachments that link to
documents on the sender’s OneDrive or a SharePoint site. the attachment rather than including a copy
of a file. Traditional email attachments are embedded in an email and collected when the message is
collected. Most email archive platforms and Purview Standard eDiscovery do not collect cloud
attachments. Premium eDiscovery provides multiple tools to assist with collection and review of modern
attachments.
When collecting the results from a Premium eDiscovery collection search you have to the option of
including the target of the cloud attachment. When the collection is processed into a review set, the
parent child relationship between the message and its attachment will be preserved and the group can
be viewed as a message family. Premium eDiscovery continues to preserve the parent child relationship
when the files are exported using Premium eDiscovery’s condensed directory export.
Important Note
! SharePoint and OneDrive create a new version of a file each time the file is saved.
Premium eDiscovery collects the latest version of the file and not the version shared. It is
possible retain and collect shared versions of files if an organization has enabled the auto
application of retention labels to cloud attachments. To utilize the auto application of
labels in eDiscovery workflows, the feature must be enabled before files are shared.
See: Cloud Attachments | Learn
Reporting
When collecting data, managing holds, and managing cases, running reports to validate data and
understand issues are essential. Premium eDiscovery provides multiple validation and reporting tools.
These include:
• Top locations and search term reports which provide collection search estimated counts prior to
collecting data.
• Collection statistics report shows counts on the number of items retrieved from locations during
a collection. The report includes total item count along with counts by item type, duplicate
counts, and retrieval exceptions.
• Processing statistics show the total count of expanded items processed into a review set.
• eDiscovery job reports in a case and across your M365 tenant. The reports show details on long
running jobs and identifies if there are any issues. The tenant-wide jobs dashboard allows
eDiscovery Administrators to view activities in both Premium and Standard eDiscovery and
determine if your organization has jobs queued because too many concurrent jobs are running.
• Review Set Export report contains processed and aggregated metadata from all or selected
documents in a review set. This includes information on item sources and any errors
encountered when processing data.
• Using automation for reports. As noted in the automation section of this document, custom
reports on cases, custodians, holds, collections, review sets, and more may be generated using
the Graph API and the Security and Compliance PowerShell module.
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All Teams attachments are cloud attachments.
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See: Collection statistics and reports | Learn
Permissions in Purview
Along with the eDiscovery tools, multiple solutions within Microsoft Purview allow administrators to
access content like email and documents without an account owner’s knowledge or permission. Because
of this, permissions to access Purview solutions must be granted explicitly through the Purview
compliance portal. This differs from most M365 administrative roles which are set in Entra (Azure Active
Directory.)
Global Administrators or members of the Organizational Management role assign Purview permissions
through role groups. Role groups are groups of granular permissions to complete Purview actions. For
example, there is a “Hold” permission that allows the ability to place a hold on a location in an
eDiscovery case and a separate “Export” permission that grants the ability to export data from an
eDiscovery case.
For more information see: Permissions in the Microsoft Purview Compliance Portal | Microsoft Learn
• eDiscovery Manager - An eDiscovery Manager can use eDiscovery search tools to search
content locations in the organization and perform various search-related actions such as
preview and export search results. Members can also create and manage cases in Microsoft
Purview eDiscovery Standard and Microsoft Purview eDiscovery Premium, add and remove
members to a case, create case holds, run searches associated with a case, and access case data.
eDiscovery Managers can only access and manage the cases they create. They cannot access or
manage cases created by other eDiscovery Managers unless granted access to those cases.
• eDiscovery Administrator - An eDiscovery Administrator is a member of the eDiscovery
Manager role group and can perform the same content search and case management-related
tasks that an eDiscovery Manager can perform. Additionally, an eDiscovery Administrator can:
o Access all cases listed on the Standard eDiscovery and Premium eDiscovery pages in the
compliance portal.
o Access case data in any Standard or Premium eDiscovery case in the organization.
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o Manage any eDiscovery case, including managing who may access the case
o Manage Premium eDiscovery global settings for their organization.
o Access reports on eDiscovery processes (jobs) running across their organization.
It is possible to create custom eDiscovery role groups should your organization require them.
Customizing roles enables the ability to refine the permissions assigning the least number of privileges
possible. For example, you may have multiple eDiscovery Teams in your organization where:
• Only Team B is permitted to create collections and review, interact, and tag data.
• Only Team C is permitted to conduct a final review and export the data.
Another example of creating customized eDiscovery Role Groups would be to limit visibility of cases to
only investigators within a specific region. This can be useful when an organization operates from
different geographical regions and needs to align with Data Sovereignty Laws. For example, if your
organization operates in the Americas, Europe, and Asia Pacific regions, you can create customized
eDiscovery roles for each region. This approach helps to maintain compliance with data privacy laws and
regulations. For example,
• Only AMER investigators can create, manage, and view cases within this region.
• Only EMEA investigators can create, manage, and view cases within this region.
• Only APAC investigators can create, manage, and view cases within this region.
The case creation wizard will launch. On the first page of the wizard, you will be prompted for the
following:
1. Name – The unique name of the case. This property is required.
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2. Description – A text field you may use to help other eDiscovery users understand this case. When
exporting a list of cases, this field appears as a column. This property is optional.
3. Number – The name here is deceptive. This is also a text field. The intent of the filed is to provide a
docket number or other identifier associated with the case. This optional property also appears as a
column when exporting a list of cases. We find that organizations that choose to use this field often
use it to categorize cases. For example, use the word “Investigation” to identify cases related to
internal investigations.
4. Case Format – This is another deceptively named field. It implies a choice, but the only option
available to choose is “New.” This property is an example of Microsoft’s continual evolution of the
Premium eDiscovery platform. In 2022, Microsoft introduced a new underlying format for cases to
better accommodate larger data sets and Teams data. For a brief period, an eDiscovery operator
could select either the New or Classic case format, but Microsoft quickly transitioned to the
advanced features and stability of the “New” case format.
The completed configuration is shown in Figure 2 - Case Information
Tip
Case names must be unique across all Premium eDiscovery and Standard eDiscovery
cases. This include cases you may not see because you have not been assigned to the case.
We recommend companies create naming conventions to ensure case names are unique.
After entering the basic case information, click the Next button to move to the second page of the case
creation wizard, ‘Add Team Members and Configure Settings’. On this page you will define who initially
has access to the case, analytics options, and OCR options. All elements on this page are optional and
can later be changed in the Settings menu for the case.
1. Users – Use this search interface to select individuals who need access to the case. For example, in
Figure 3 – Case Setup, Aaron Bellamy will be granted access to the case. Purview permissions
assigned to Aaron limit their abilities in the case. See Permissions in this document for more
information.
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Figure 3 – Case Setup
Note
Adding users at this stage does not add the users as case custodians
Tip
People will not receive an automated notification when assigned to an eDiscovery case.
The case will appear in their list of available cases the next time they access Premium
eDiscovery. We recommend your case creation workflows include notifying people that
they have access to a new case.
2. Groups – Use this search box to select Purview role groups that may access the case. The eDiscovery
permissions assigned to the role group control what the members can and cannot do within the
case. For example, if the group has just ‘Review’ permissions then the group members will only be
able to review case content. See the Permissions section of this document for more information.
3. Search and Analytics – The settings in this area define how Premium eDiscovery will behave when it
detects similar data while analyzing data in review sets. The settings currently include:
a. Similarity Threshold -Premium eDiscovery uses this percentage to determine near
duplicates documents and email threads. Microsoft’s default threshold is 65%. This means if
the text of two documents is 65% or greater identical, then the documents are identified
near duplicates (“near dupes”.) During document review, items in the review set may be
grouped and filtered by duplicates, near duplicates, and email threads, thus making the
review more efficent.
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Premium eDiscovery also uses the simularity threshold while anayzing email to identify
email threads. Forwarded and replied to emails typically contain the text of previous
messages. That text is taken into account while constucting email threads.
Tip
While it is possible to change the similarity threshold, we recommend customers leave the
settings at the default of 65%. If you feel that near-duplicates are over identified in a review
set, the threshold may be increased and analytics re-run.
b. Group items by Theme – When themes is enabled and analytics run in a review set,
Premium eDiscovery parses out common ideas and phrases that appear across all the
documents in the review set. Premium eDiscovery then assigns those themes to the
documents in which they appear. Documents may be associated with multiple themes but
when themes is enabled, a dominant theme will be assigned and the reviewers may then
filter and group items by theme.
The last two settings which are configurable at the new case creation stage are:
1. Text to Ignore – Repetitive text in collected content may skew results generated by Premium
eDiscovery Analytics. For example, if every email contains the text “Please consider the environment
before printing” then analytics would return themes related to the environment and printing in lieu
of other, more relevant themes. Ignoring repetitive text yields more accurate analytics results.
2. Optical Character Recognition (OCR) – OCR converts images of text into searchable text. When OCR
is enabled in a Premium eDiscovery case, Microsoft OCRs images found in the case data sources
during the advanced indexing process.
This can be seen in the example Figure 4 – Case Setup Cont’d – Text to ignore and OCR
Tip
We recommend that OCR be enabled in Premium eDiscovery cases. Note that OCR is not
available in Standard eDiscovery, you may notice your results will contain items Microsoft
identifies as partially indexed or unsearchable. These unsearchable results include images
that have not been OCRed. The number of unsearchable items is greatly reduced and
frequently eliminated when using Premium eDiscovery because of OCR and Advanced
Indexing.
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Figure 4 – Case Setup Cont’d – Text to ignore and OCR
After you have assigned users and groups to the case, and configured analytics options, click Next to
move to the last page of the wizard. The last page summarizes settings configured in the case creation
wizard. Review the settings and then choose Submit to create the case.
Premium eDiscovery will take a moment to create the case. After the case is created, your browser will
open to the Overview page for the case. Note the case menu, highlighted in red on Figure 5 – Premium
eDiscovery Case Overview Page. We will review the options available in each menu tab in the following
sections of this document.
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Settings
All the settings configured in the case creation wizard may be changed at any time by visiting the
Settings tab on the case menu. As shown in the blow Figure 6 - Premium eDiscovery Case Settings
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Case Information
Changing the case name, number, and description that were set during the case creation process is
possible on the panel that pops-up when clicking the Select button on this tile. Whenever you make a
change, you must choose Save from the Actions button on the Case Information panel as displayed in
Figure 8 – Add Custodian.
Other actions on the Case Information panel include Closing and Deleting a case. We will discuss these
actions further in the Closing and Deleting cases section below.
Finally, the actions on the button include Copy support information. As in any other software product,
things sometimes go wrong, and you may need to open a support ticket with Microsoft. Copy support
information copies information about your case to your clipboard. This information should be included
in support tickets sent to Microsoft.
Before eDiscovery Managers and Administrators may invite a guest user to a case, an eDiscovery
Administrator must enable Guest Access for your organization in the Premium eDiscovery Settings
dashboard.
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To learn more about Guest access see: Guest access in eDiscovery (Premium) | Microsoft Learn
Important Note
! If you enable OCR in a case after adding data sources to a case, you will need to update
the index for the data source(s) to initialize OCR in the data sources.
Important Note
! If you change analytic settings like the similarity threshold, you will need to rerun analytics
in your review set(s) to see the changes reflected.
Review Sets
In March of 2023, Microsoft introduced new options for grouping email threads, attachments, Teams
and Viva Engage (Yammer) conversations in review sets. Prior to March of 2023, Premium eDiscovery
allowed reviewers to view review sets grouped by families or by Teams or Viva Engage conversations.
Grouping by families shows items like emails with attachments nested below. Grouping by
conversations groups messages in Teams and Viva Engage - conversations together with attachments
nested below.
For cases created on or after March 2023, you have the option to enable new grouping options.
Conversation groupings now include email threads along with Teams conversations, and Viva Engage,
attachments to conversations are nested in the conversations. Grouping by family groups files with
embedded files. For example, all files from withing a Zip file are grouped together.
For more information Configure review set grouping settings for eDiscovery (Premium) cases | Microsoft
Learn and Group and view documents in a review set in eDiscovery (Premium) | Microsoft Learn
Closing a case releases all holds in a case and marks a case as closed in case listing. Closed cases can be
edited, and data can still be collected and exported from closed cases. Closed cases can also be
reopened.
Deleting a case deletes all case components, like review sets, and the case is removed from the list of
cases. Before a case may be deleted all holds must be removed from the case. This can be done by
closing the case, releasing holds on data sources, or deleting holds.
Note
Deleting a case does not delete items in M365. For example, if a message collected into a
review set from a mailbox and still exists in the mailbox, the message won’t be deleted
from the mailbox.
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Data Sources
A data source is a person or data location we may need to preserve (aka place on hold,) search against,
and collect from during the lifecycle of a matter. There are two types of Premium eDiscovery case data
sources: custodians, and non-custodial data locations.
Tip
To take advantage of Premium eDiscovery’s Advanced Indexing you must add the
locations you plan on searching as case data sources.
2. If OCR is enabled for the case, non-searchable images in the data sources will be analyzed and if the
image represents text, searchable text will be created.
Tip
OCR is enabled at the case level when you create a case. If you missed enabling it, you can
enable it anytime and update the data sources to OCR images in the locations.
There are three ways to add custodians to case. 1) You may add custodians interactively, 2) via bulk
custodian import, or 3) use automation to programmatically add custodians (see Automation in this
document for more information). Adding custodians interactively is the most frequently used option and
accomplished through the “Add new custodians” option on the “Add data source” menu. As shown in
Figure 8 – Add Custodian
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https://edrm.net/wiki/edrm-processing-glossary/.
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Figure 8 – Add Custodian
“Add new custodians” launches a wizard where you search for custodians and then associate them with
data locations. In the example below, three custodians added by searching for and then selecting the
custodian names in the “identify new custodian” search box. As displayed in Figure 9 – Selecting
Custodians
Tip
When searching for custodians to add to your case, Premium eDiscovery searches across
active and inactive accounts in your M365 tenant. Inactive accounts are accounts that had
a hold in place, or a retention policy applied when the mailbox license was removed. These
accounts usually represent former employees. For more information on Inactive Accounts
see: Create and manage inactive mailboxes | Microsoft Learn
When you select a custodian, their name appears in the list of custodians below the search box. Clicking
the expansion arrow to the left of a custodian’s name presents a list of locations that may be associated
with a custodian. By default, as shown Figure 10 - Selecting Custodian Hold, a custodian will be
associated with their mailbox and OneDrive. You may associate the custodian with additional locations
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by selecting the appropriate workload. For example, to identify a person as the custodian for a
SharePoint site, click the edit link in the SharePoint row and search for the site on the resulting search
interface.
After associating the custodians with the appropriate locations click ‘Next’ to move to the next page of
the wizard. Checking the box to the right of the custodian’s name will place all locations associated with
the custodian on hold, as shown in Figure 11 – Place Custodian Locations on Hold.
After the wizard completes, you will be returned to the list of case data sources, as displayed in Figure
12 – Added Custodians.
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Figure 12 – Added Custodians
Tip
To get the full benefit of advanced indexing, wait for the indexing job status to change to
Successful before starting a collection search of a data source.
This selection allows the download of a CSV file template provided by Microsoft to import multiple
custodians at one time to a case, as demostrated inFigure 14 – CSV Wizard.
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The CSV template contains the following columns and can be seen in Figure 15 – Example CSV Import:
1. Custodian contactEmail - The email address of the custodian. This field is required.
2. Exchange Enabled - If the custodian’s mailbox should be included as a custodial data source, the
value in this column should be TRUE. Otherwise, enter FALSE. This field is required.
3. OneDrive Enabled – If the custodian’s OneDrive should be included as a custodial data source, the
value in this column should be TRUE. Otherwise, enter FALSE. This field is required.
4. Is OnHold - If the custodian should be placed on hold, enter TRUE, otherwise enter FALSE. This field
is required.
5. & 6. Workload1 Type and Workload1 Location - Up to 99 additional locations can be associated
with the custodian using the workload columns. The Workload type columns are used to specify
what type of locations is being added (Exchange or SharePoint.) The Workload Location column
should contain the email address or URL for the location to be added.
See: Import custodians to an Premium eDiscovery case | Microsoft Learn for more information on bulk
importing custodians.
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Non-Custodial Data Locations
Non-custodial data sources are Exchange mailboxes and SharePoint sites that need to be searched in a
case and (optionally) placed on hold but is not related to just one or a small number of custodians. As
shown in Figure 16 – Add Data Locations
The non-custodial wizard shows the four different data sources that can be ingested into an eDiscovery
Case. This is also displayed in Figure 17 – Non-Custodial Data Locations.
4. Teams (preview) – Microsoft added Teams as non-custodial data source option as a preview
feature in September 2023. See Teams as data sources for more information.
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Figure 17 – Non-Custodial Data Locations.
The method to add non-custodial Exchange and SharePoint locations is similar to adding custodial data
sources as seen in Figure 18 – Search for a Non-custodial location. You first search for the site and select
from a list of search results.
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Once the sites to add are selected click the ‘Add’ button. You will be presented with a list of selected
sites as displayed in Figure 19 – Non-custodial locations. You may place the sites on hold by leaving the
blue checkbox to the right of the site names checked.
Once the non-custodial locations are added, the locations will appear in the list of Data Sources for the
case.
Tip
We have observed that corporate legal departments and law firms may use a limited set
of Teams features when compared to broader groups of corporate knowledge workers.
This lack of understanding impacts workflow when identifying potentially relevant data
sources in a case. Compounding this issue is the fact that Microsoft is continually
enhancing Teams and is adding new features.
To fully understand what is being saved by Teams, technologist and attorneys should work
together to ensure everyone understands what locations may be relevant in legal matters.
Microsoft’s Microsoft Teams help & learning is a great place to learn about the Teams user
experience.
Legal groups should consider partnering with their organization’s Teams administrators to
better understand how Teams is being used. The Teams administration counsel includes
reports that will show both what Teams features are being used in the environment along
with what other applications are being used with Teams. See: Microsoft Teams analytics
and reporting - Microsoft Teams | Microsoft Learn
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Where Teams Stores Data
When a Microsoft Team is created, at least two underlying locations are created for the Team, a mailbox
where Teams channel discussions are stored and a SharePoint site where documents and lists created
and shared by the Team are stored. In addition to the primary mailbox and SharePoint site, additional
SharePoint sites are created for a Team when Private or Shared Channels are created.
Teams Feature How Feature is Used Where Teams Saves this Data
Teams 1:X chats Messages between two or more Messages in 1:X chats are stored in the
individuals Exchange Online mailbox of all chat
participants.
Files shared in chats Teams automatically uploads files shared Files shared in a 1:X chat are stored in the
in a chat into the sharer’s OneDrive. OneDrive for Business account of the person
Teams sends a link to the file to the who shared the file.
recipients rather than a copy of the file.
Microsoft refers to these files as Modern
or Cloud attachments.
Teams channel messages A Team is a digital workspace for a group All standard channel messages and posts are
of people who need to collaborate to get stored in the Exchange Online mailbox
something done. associated with the team
Teams channel files Teams divide their workspaces into Files shared in a standard channel are stored
channels. Each channel is dedicated to a in the SharePoint Online site associated with
specific topic, department, or project. the team.
Team members post discussion topics,
called channel messages, and share files
in the channels.
Most Teams channels are “standard”
channels, that all team members can
access.
Teams private channel While all members of a Team have access Messages sent in a private channel are stored
messages to the Teams’ standard channels, private in the Exchange Online mailboxes of all
channels may be access by a subset of members of the private channel.
Teams private channel files Team members. Files shared in a private channel are stored in
a dedicated SharePoint Online site associated
with the private channel.
Teams shared channel Shared channels may be accessed by all Messages sent in a shared channel are stored
messages members of a Team and can also be in a system mailbox associated with the
shared with additional individual or other shared channel.
Teams shared channel files Teams. Files shared in a shared channel are stored in
a dedicated SharePoint Online site associated
with the shared channel.
Teams meetings chats – When enabled, participants in a meeting Chats in recorded meetings are stored in the
recorded meetings may post chat messages in the meeting OneDrive for Business account for the user
and share files in the chats. recording the Teams meeting.
Teams meetings recordings When enabled, the video, audio, and Meeting recordings are stored in the
and transcripts screen shares in a meeting will be OneDrive for Business account for the user
recorded and saved as MP4 files. recording the Teams meeting.
Teams channel meetings Along with scheduling Teams meetings in Channel meeting chats are stored in the
chats their Outlook or Teams calendar, Team Exchange Online mailbox associated with the
members may schedule meetings in a team. Files shared in chats are saved in the
standard Teams channel. All members of SharePoint site for the Team.
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Teams Feature How Feature is Used Where Teams Saves this Data
Teams channel meetings the Team will see the meeting on their Meeting recordings are stored in the in the
recordings and transcripts calendar and be able to join. SharePoint site for the Team.
Teams reactions Use emojis to react to Teams chats and Information about the reaction such as who
Channel Posts. reacted to the message and when they
reacted are stored in the message metadata.
Teams gifs and stickers Microsoft includes a large library of Gifs and the image components of stickers
animated GIFs that Team users may use are stored on Microsoft’s servers. When
to add personality and fun to Teams Teams messages are collected by the
messages. Stickers are images with Microsoft eDiscovery tools, the images are
customized text that users may share in not collected. Instead links to the images are
messages. included in the collected text.
Note
In June of 2023, Microsoft enhanced the options for reviewing the video of recorded
meetings and the associated transcripts. For more information see, eDiscovery (Premium)
workflow for content in Microsoft Teams | Microsoft Learn
For more and up to date information on where Teams data is stored see: Where Teams content is stored
| Microsoft Learn
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The list of teams will include two entries. One for the Team mailbox and the other for the Team
SharePoint site. These locations include the channel discussions and files shared in the standard
channels in the Team.
As demonstrated in Figure 21 - Select Custodial Teams, both the Mailbox and SharePoint site have been
selected. We could select all the custodian’s teams by checking the box to the left of the “name” column
heading.
Note
Selecting all Teams for a custodian selects just the Teams where the custodian has a
current membership. If the custodian joins other Teams in the future, the Teams will not be
added automatically to the case.
Adding Teams as non-custodial sources allows you to search across all Teams within the M365 tenant
and add the primary Mailbox and SharePoint site as data sources for the case. The tool also identifies
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Private and Shared channels allowing you to add the sites for these channels as data sources. Finally,
add Teams as data sources will identify users that are members of private channels and add their
mailboxes as non-custodial data sources.
For more information on adding non-custodial data sources see: Add non-custodial data sources to an
eDiscovery (Premium) case | Microsoft Learn
To update the index on just one data source, select the vertical ellipse to the right of the data source in
the data sources listing and choose update index as seen in Figure 22 - Update Data Source Index. To
update the index on multiple locations, select the sources from the list and choose update index from
the menu above the listing.
Hold
Important Note
If you have been asked to place an account or location on hold, your first impulse may be
to go to the Hold tab in the Premium eDiscovery menu or to go into the Exchange
!
administration console and place a hold there. Typically, these are not the best
approaches. Instead, you should head to the Data Sources tab in the Premium eDiscovery
menu. When you add an account as a custodian in a case or add other locations as non-
custodial data source, you have the option to enable preservation on the locations AND
enable deep indexing and OCRing of the locations.
In both Microsoft Purview eDiscovery Standard and Premium, a hold is a policy that contains multiple
locations where preservation is required in the case at hand. When you add data sources to a case and
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place them on hold, a hold policy will automatically be added to the case and Microsoft will
automatically manage the hold locations. You may also manually create hold policies in a case.
Unfortunately, companies would lose track of why a mailbox had litigation hold enabled and never
release holds in fear of violating their obligation to preserve. This led to the over retention of email.
To differentiate traditional exchange litigation holds, Microsoft calls the holds in Standard and Premium
cases eDiscovery Holds. With eDiscovery Holds, a location may have preservation enabled in multiple
cases. The holds are managed independently of each other. This means you may lift a hold in one case
when the need for preservation is over without impacting holds in other cases.
The underlying method of preservation is the same for mailboxes when placed with Exchange or the
Purview eDiscovery platforms. Exchange saves deleted and modified mailbox items in a hidden folder
(what Microsoft calls a substrate folder) in the recoverable items folder. For a deeper dive into how
Microsoft preserves mailbox see: Recoverable Items folder in Exchange Online | Microsoft Learn
Important Note
! Microsoft plans on eventually retiring the ability to place holds in the Exchange
Administration console. After the feature is disabled, holds will need to be managed in
either Purview Standard or Premium eDiscovery.
When a user deletes or modifies an item in a SharePoint or OneDrive location on hold, the item is
retained in the preservation hold library for the site. The preservation hold library is a hidden system
location. It is not designed to be used interactively but does contribute to the total storage size for a
site. For a more in depth explanation into how Microsoft retains and preserves SharePoint data see:
Learn about retention for SharePoint and OneDrive | Microsoft Learn
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Manually Creating a Hold
Important Note
! Keep in mind that when you manually create a hold, advanced indexing will not be
enabled on the location on hold.
Navigate to the ‘Hold’ tab shown in Figure 23 – Create a Manual Holdand press ‘Create’.
Choose locations as demonstrated in Figure 24 - Choose Locations for Manual Hold. Choose the content
locations that you want to place on hold. You can place Exchange mailboxes, SharePoint sites (which
includes OneDrive), and Exchange public folders on hold.
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Even though Microsoft allows you to use key words to limit a hold, we generally do not recommend
doing so. There are two reasons for this:
1. Legal matters frequently evolve. What is believed to be the key terms at the start of a matter may
expand by the end of a matter. If preservation was limited to smaller sets of key terms, potentially
relevant data may be lost.
2. If the total characters of all hold queries placed on a location is greater than 10,000 characters, the
queries will be ignored and everything in the location will be preserved.
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Create a Communication from Scratch
1. From the main case screen, select the Communications tab and click +New communication. As
demonstrated below in Figure 27 - New Communication.
2. Enter a name for the communication, then select the “Issuing officer”, and click Next, as displayed in
Figure 28 - New Communication, Issuing Officer
Note
When you or others create a hold notification or other type of communication that is sent
to a user who is a custodian in the case, you must specify an issuing officer. The notification
is sent to the custodian on behalf of the specified issuing officer. For example, a paralegal
in your organization might be responsible for creating and sending hold notifications to
custodians in a case. In this scenario, the paralegal can specify an attorney in the
organization as the issuing officer.
Note
Note: Custodians will receive hold notification emails that appear to be from the “Issuing
officer”. This individual will also be named in the Communication Portal and issuance /
release emails when the “Issuing officer email” merge variable is used....
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3. Define Portal Content: The portal content will contain the primary language for the hold
parameters and issuance. The full text will be provided in all notification emails as well as in a
centralized portal for each custodian that tracks each of the custodian’s cases with hold obligations,
as shown in Figure 29 - Define Portal Content.
There are three “merge variables” and two “links” available for insertion into the portal language.
Merge variables do not change and can be retained and reused in boiler plate hold language. Links must
be replaced during the initial portal content creation within each case.
a. Display name: Custodian name with merge variable in the format of {{DisplayName}}
b. Acknowledgement link: It is crucial that this link must be placed during this initial process of
developing the portal content by placing the cursor within the document at the appropriate
location and clicking Acknowledgement Link at the top. Failure to do so will prohibit custodians
from the ability to acknowledge notices.
c. Portal link: To avoid confusion, and to help ensure custodians utilize the acknowledgement link,
we do not recommend using the portal link on the Portal Page.
d. Issuing officer email: The email address of the individual selected in step #2 above with merge
variable in the format of {{IssuingOfficerEmail}}.
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e. Issuing date: The date that the custodian first received notice of the hold as a result of this
process (when Send Notice is selected at the end of this section). This is formatted as
{{IssuingDate}}.
4. Once the portal content is complete, click the Next button to move to the next page in the wizard.
5. Set Notifications – Required: This area, depicted in Figure 30, contains three sections, all of which
must contain language before proceeding with this process. To avoid duplicating language
presented to custodians and prevent potential confusion, we recommend keeping issuance /
reissuance language to a minimum. Select ‘Edit’ for each appropriate section.
a. Issuance: The issuance email is sent to the selected custodians when the communication is first
published. The portal content will be appended to the body of this email. Ensure that the
subject line & body contains appropriate language as it relates to this matter and click ‘Save’.
b. Reissue: When the Portal Content is changed in any way due to the changing parameters of a
case and the resultant hold, the language of this reissuance email will automatically go to the
selected custodians with the portal content appended to the message. Acknowledgements of
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the reissued communication will be tracked. tracked. Click ‘Save’ after customizing the subject
line & body.
c. Release: Upon closing of the case or the lifting of a hold from a custodian, the language placed
in the body of this section will be emailed to the custodian(s). Click ‘Save’ after customizing the
subject line and body.
Tip
Because portal content is not included for release emails, consider including the full legal
hold release language including acknowledgement link, in the Release email as shown
should be provided here as shown below in Figure 31.
6. Ensure that all three notification sections are populated and select ‘Next’ to move to the Optional
Notifications page.
7. Set Notifications – Optional: This section provides the ability to send reminder and escalation emails
when custodians have not acknowledged the issuance or reissuance communications. These
communications are optional. To enable either message, select ‘Edit’ on each of the two sections:
a. Reminder: These emails will be sent automatically on a schedule and count of your choosing.
Toggle the status switch to ‘On’ to enable the reminder, enter reminder interval and number of
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reminders, subject, email body, and select ‘Save’. As displayed in Figure 32 - Notification
Reminders
Figure 32 - Notification Reminders
b. Escalation: If desired, escalation emails can be automatically sent to a custodian and their
manager if the custodian still has not acknowledged the communication once the reminder
emails have exhausted their schedule. Configuration of the escalation emails is identical to the
reminder messages. Click the Next button to move to the “Choose custodians you want to
notify” of the communication wizard.
Note
For a custodian’s manager to be included in escalation emails, the custodians account
properties in Entra (formerly known as, Azure Active Directory,) must include their
manager.
8. To select the custodians to receive the communication, choose Select custodians, as illustrated in
Figure 33, and select the appropriate custodians from the resulting list. Click the Add button to add
the custodians to the custodians to notify list. When your selections are complete, click the Next
button to move to the Review your settings page.
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Figure 33- Select Custodians to Notify
Tip
In some matters, for example an investigation into the actions of some case custodians,
not sending a communication to all custodians is prudent. Premium eDiscovery supports
these scenarios. if you do not publish a communication to a custodian, they will never
receive a hold notice and will not receive a notice when the hold is lifted, or the case is
closed..
9. Review your settings: You will be presented with a summary of the content entered during steps 1
through 8 above. This will be your final opportunity to ensure no errors are present prior emails
being sent to the selected custodian(s). If you find changes to make, clicking the edit links within the
summary will take you to page in the communication wizard to make the change.
10. Once you have confirmed the Communication is correct, click the Submit to publish the
communication to the custodians.
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Note
As of this writing, the Acknowledged metrics provided under the Communications panel
on the Home tab may be out of sync.
Through the menu at the top of the Hold Notice panel (highlighted in yellow in Figure 35,) the
communication may edited, deleted, or reissued. A report including the current portal content,
notification language, and acknowledgment status may also be printed through the Download
Communication menu option.
Important Note
! Custodians will NOT receive a release notification if the communication is deleted. Release
notifications are sent is a hold is lifted on a custodian or a case is closed.
Tip
Many legal teams regularly print the communication report to PDF to include in their case
files and share with outside counsel.
Templates are created in the Premium eDiscovery Settings menu. The process to create a template is
almost identical to the instructions in Create a Communication from Scratch. The only differences being
you do not select an issuing officer or publish the template to custodians.
To create a new communication based on a template, follow the instructions in steps 1 through 3 in in
Create a Communication from a Template but choose a communication template as shown in Figure 36
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- New Communication. The new communication will pre-populated with the portal content and
notifications from the template. These can then be customized for the case and published to custodians.
Tip
If a preview or draft of the notice content is required prior to sending notices to custodians,
the notice can be saved (submitted) with no custodians selected. The communication will
be saved as a “draft.” If a snapshot PDF of the entire notice settings and text is desired,
select the notice name (anywhere on the name except the check box), and the blade on
the right will open. Select ‘Download Communications’ and print the preview to PDF
Collections
Once the case is created and custodians are added, the next stage is to search for the data that will be
relevant to the investigation. In the Collection phase, Premium eDiscovery enables you to collect data
from the M365 workloads in a forensically sound manner, ensuring that the integrity and authenticity of
the data are maintained. You can export emails, documents, chats, and other forms of Electronically
Stored Information (ESI) to a secure location for further processing and review. The Collection phase
allows you to reduce the volume of data that needs to be processed and reviewed by applying filters
such as date range, file type, keywords, etc. You can also preview the estimated results of your
collection before exporting them to a review set. By focusing on the most relevant and responsive data
for your case, the Collection phase helps you save time and costs.
Collections allow the collation of all the data sources for an investigation. A search can be run against
this data providing an estimate of how much data will be collected before committing the data to a
review set for further analysis.
More information on collections can be found here: eDiscovery collections | Microsoft Learn
Create a Collection
To create a new collection for a case, select ‘Collections’, and then select ‘New Collection’ as displayed
in Figure 37 - Create a Collection.
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Figure 37 - Create a Collection
The wizard will first ask you to name the collection and provide a description, as shown in Figure 38 -
New Collection.
At the next stage select which custodians will be a part of this investigation. Custodians selected here
will have their data sets searched, and thereafter, be added to the case for review.
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Figure 40 - Select Custodian Sources
1. You do not know who your custodians are. Take an instance where anyone who communicated
with [email protected] is a potential case custodian. An exploratory search of all user
mailboxes will identify who communicated with Joe. The people identified can then be added to
the case as custodial data sources.
2. You have identified your custodians and added the custodian mailboxes and OneDrives as
custodial data sources. Your need to identify SharePoint sites where the custodian has created
and modified files. Counsel plans interviewing the custodians about the locations where they
saved files to determine if the locations should be preserved and collected from.
Important Note
41
responsive documents. Searches based on metadata like Date or email sender will return
accurate results..
Important Note
! Depending on the size of your environment, additional location searches on all locations in
your environment may take multiple hours to complete while searches based on data
sources will take minutes, even when searching hundreds or thousands of data sources. .
Avoid ALL location searches unless necessary.
Additional Location Searches: Exchange
Sliding the ‘Exchange mailboxes’ slider to on as shown in Figure 42 enables searching mailboxes. By
default, Premium eDiscovery will select “All” active mailboxes in the environment. You may narrow the
locations to search by clicking the “Choose users, groups, teams.”
Simultaneously searching all mailboxes in a tenant is slow and may cause performance issues in busy
email systems. To speed up “All” searches and give you more granular control over what is searched,
Microsoft introduced options to scope the “All” locations in June of 2023. When the Exchange mailboxes
left to the default of “All”, the search options listed in Figure 43 are enabled in the “Additional search
options” section at the bottom of the page.
42
Figure 43- Search Options for Exchange "All" search
43
in Error! Reference source not found. rather than searching against all of SharePoint. Keep three things
in mind when selecting SharePoint sites in this dialog.
1. You cannot search for OneDrivesusinging this dialog but can paste in the URL for a user’s
OneDrive. See View the list of OneDrive URLs for users in your organization - SharePoint in
Microsoft 365 | Microsoft Learn for more information regarding detemine a user’s OneDrive
URL.
2. You may search by both site name and ite URL. However, if you cannot typically access a
SharePoint site, you will not ba able to search by site name. You will still be able to select sites if
the URL is known and collecect results from the site.
3. Keep in mind that SharePoiny selections are at the site level. You cannot choose an indvidual
document library or folder.
Define your Search Query
The search query defines the conditions used to retrieve specific items from the selected custodian data
sources, non-custodial data sources, and additional locations selected in the collection wizard. Premium
eDiscovery provides three interfaces to build queries: 1) The New Query Builder, the Condition Card
Builder, and 3) the Keyword Query Language (KQL) editor.
Both the New Query Builder, which was introduced in May of 2023, and the Condition Card Builder
allow you to graphically build KQL queries using the most used search filters. The New Query builder
allows you to build more complex queries compared to the traditional Condition Card builder with
AND/OR conditions and query condition groups. The KQL editor assists you with drafting KQL queries by
suggesting properties you may want to search as you type your query.
All three interfaces build queries using Microsoft’s Keyword Query Language (KQL). KQL is used in
Premium eDiscovery in both collection queries and review set filters. Premium eDiscovery includes many
search features like keywords, metadata, analytics, and Boolean, proximity, and connector operators
along with wildcard searches. For more information Premium eDiscovery search options see: Keyword
queries and search conditions for eDiscovery | Microsoft Learn
44
Use the New Query Builder to build a Query
The query builder, pictured in Figure 45, includes the following elements:
1. AND/OR: Conditional operators allow you to select the query condition that applies to specific
filters and filter subgroups. The operators allow you to build subgroups connected to a primary
filter.
2. Select a filter: Allows you to select properties to use as filters in the query. At this writing, this
includes the following 21 properties:
Keywords Participants To
Date Type (Outlook Item Type) Author
Sender/Author Received Title
Size (in bytes) Recipients Created
Subject/Title Sender Last modified
Retention label Sent File type
3.
Message kind Subject Sensitive Type
Tip
If you plan on using the Keywords filter in your search, choose it first. After any other filter is
chosen, Keywords will no longer appear in the list of available filters. Unlike other filters,
Keywords may be chosen just once.
3. Add filter: Allows you to add multiple filters to your query after you've defined at least one
query filter.
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4. Add subgroup: After you've defined a filter, you can add a subgroup to refine the results
returned by the filter. You can also add a subgroup to a subgroup for multi-layered query
refinement.
5. Select an operator: As shown in, Figure 46, the operators compatible for the filter are available
to select. The operators available depend on the filter type.
6. Value: As shown in, Figure 46, depending on the selected filter, the values compatible for the
filter are available. Additionally, some filters support multiple values and some filters support
one specific value.
7. Remove a filter condition: As shown in, Figure 46, to remove an individual filter or subgroup,
select the remove icon to the right of each filter line or subgroup.
8. Clear all: As shown in, Figure 46, to clear the entire query of all filters and subgroups, select
Clear all.
Use the Condition Card Builder to build a Query
The Condition Card Builder can be used as shown below:
1
Figure 47 - Condition Card Builder
3. The third option is to select ‘Add condition’ to add additional conditions to further limit the
search as shown in Figure 48 - Choose Conditions.
As displayed in Figure 49 - Condition Card Example for all email messages between January 1, 2022 and
December 12, 2022. is an example of using the ‘Add condition’ option to create a search for all email
messages between January 1, 2022, and December 12, 2022.
2
Figure 49 - Condition Card Example for all email messages between January 1, 2022 and December 12, 2022.
3
To create a KQL editor query the wizard will assist you by attempting to autocomplete the defined
condition and suggesting which operators can be used to further enhance the query. As the below
deomstrates in Figure 51 - KQL Auto Fill the date condition in the editor, the autocomplete box will
suggest the operators which can be used with date such as (equals, not equal or contains).
4
Tip
We’ve found that customers that use the KQL editor keep “cheat sheets” of commonly
used search queries in a OneNote notebook or text file. The eDiscovery teams use these as
shared reference material.
The end of the collection wizard is when custodians have been supplied and a search query completed
as displayed in Figure 53 - Collection Review. Premium eDiscovery will now retrieve the data and provide
an estimate of what will be collected.
At Ignite 2024, Microsoft announced the ability to use Natural Language to generate search queries.
Read more in the Blog: https://aka.ms/eDiscoveryblog/Ignite23
Opening the collection wizard will default to the ‘Summary’ tab which will show the query progress
while search is running, as shown in Figure 55. When the search completes, pre-collections estimates
will be displayes as shoiwn in Figure 56.
5
Figure 55- Collection Summary - Progress
Important Note
! Until the collection query results are processed into a review set, the Premium eDiscovery can
only provide an estimate of how many items will be collected. When items are collected into
a review set, Microsoft performs eDiscovery processing on the data. This breaks each
collected item down into its individual components. For example, an email message with five
attachments will be counted as one item in the estimates but six items in the review set.
See Collection statistics and reports | Microsoft Learn for more information.
6
Review Collection Search Statistics
The ‘Search statistics’ tab will also present further estimation information such as which locations
consumed the most data storage for the collection. Information on which locations contained the most
items found during the search is also provided, as shown in Figure 57 - Collection Statistics.
The ‘View Sample’ option will take you to a new window as displayed in Figure 58 - View Collection
Sample
7
The collection sample area will show documents found during the collection phase. Selecting one of the
sample documents will show a preview of the document in the right hand window, as demonstrated in
Figure 59 - Collection Sample. This allows for verification that the content is accurate and ready to be
commited to a review set.
8
Figure 61- Collection Actions Button
Tip
If some time has passed since estimates have been run for the collection, the estimates
may have changed. For example, when searching across locations without holds places,
items response to the collection may have been deleted. Consider refreshing the estimate
to get updated search statistics before committing. You may also consider copying the
collection and rerunning the search in the new collection. You may then compare search
statics between the two estimates to determine if estimates have changed.
4. Export Item Report: Added in June of 2023, this report is an item level CSV file on included pre-
processed metadata on all items found in collection. Since the report is on pre-processed data,
information on parent child relationships, will not be included. For example, if a ZIP file is
collected, the report will not list all files contained in the Zip file in the report.
Important Note
! The item report is not a single report. Instead, it is a collection of CSV files. Each
location with responsive items will be generated.
9
Note
Although .the report will not detail traditional email attachments in the report, you may to
include information on attachments in the report.
5. Export Collected Items: Premium eDiscovery’s traditional workflow has been collecting items to
a review set and then exporting the processed from the review set. Export collected items
allows you to skip processing into the review set and export in native format. This may be useful
when the plan is to process the data in another eDiscovery platform. While you do lose the
benefit of Premium eDiscovery review sets when using collect to export, you are still able to
leverage the power of advanced indexing in collections.
Important Note
! At this writing, the Export to Collected items export does not include any sort of chain
of custody or verification report. For example, a report indicating how many items were
included from each location. When using the Export Collected items report, we
suggest you download both the Export Items report and the collection search statistics
report an use these to validate export reports.
See Export Collected Items | Microsoft Learn for more information
6. Download Collection Summary: This report provides a high-level summary of the items count,
size and source for each location being committed.
7. Copy Collection: Select this option provides the ability to create a copy of the collection settings
and search logic.
Review Sets
When a collection has been verified for accuracy and commited the next stage is to create a review set
for this content.
When a collection is commited you will be presented with the screen shot below.
1. Add to new Review Set – The collected data will be moved into a newly created review set with
the name specified in the name box.
2. Add to existing Review Set – The collected data can be merged and added to an existing review
set to support an ongoing review.
Tip
When adding to an existing review set, the system will not create duplicate entries of
the exact same item from the same location. For example, if you load a collection
search of energy terms to a review set and then search the term “solar”, only net new
10
items with solar will be added, anything that contained solar + one of the previous
terms would not be added.
Retrieval Options:
Retrieval options allow you to specify additional connected items to be added to the collection results.
3. All Document Versions - Collect all versions of SharePoint documents. If not selected, only
current versions are collected.
The ‘Commit’ button will then apply the collected data to a review set based on the selection above and
as displayed below in Figure 62 - Create a Review Set.
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Figure 62 - Create a Review Set
A committed Review set will then appear under the ‘Review sets’ tab as demonstrated in Figure 63 -
Current Review Set. A job will run in the background to add the items to the review set which may take
some time depending on the size of the content. Initially, the ‘Size’ column will show as not available
until the items are added.
During the commit stage, the data is being processed. This includes the following:
• Extracting attachments and embedded objects which will be captured as a family relationship
within the review set.
• Extraction of compressed (e.g. ZIP) files as individual items.
• Extraction of fielded metadata which will be filterable and quarriable within the review set.
• Extraction of document text.
• Logging of processing errors with remediation steps within the review set.
If review set functionality is not necessary for a collection, the Export Collected Items option will allow a
direct to export function which bypasses processing and building a review set. However, the enhanced
features of the review set with filters, queries, culling, tagging, native redactions, selective exports,
condensed (load ready) exports, and all the analytic features: exact deduplication, near-deduplication,
email threading, and themes, will not be available.
12
Figure 63 - Current Review Set
When the review set is ready the ‘Size’ column will show a calculation of the items stored in the review
set. The review set can now be selected, and its items can be reviewed in a new window as displayed in
Figure 64 - Review Set ready for review.
The Review set area will show documents that have been added to this Review set. Selecting a
document will show a preview of the document in the right-hand window as demonstrated in Figure 65 -
Open Review Set.
When many items are held in the Review set it makes reviewing the data tougher. Because of this,
Microsoft offers Analytics, allowing items to be analyzed, queried, viewed, tagged, and exported.
13
Tip
Review sets are where advanced features are made available to provide enhanced
review efficiencies through the analytics process.
14
2. Add additional filters utilizing AND or OR logic.
3. Apply subgroups to further build distinct logic to be processed together
Select a Filter
15
Add multiple fields to a filter
Grouping
Three options for grouping are provided on the review set menu. Groupings can be set to none, group
by families, and group by conversations. If the Review Sets Grouping tile under settings has been
enabled, the following grouping options are the default view.
• Group by families: All items related to a specific file are grouped together using the same Group
ID. For example, if you have a PowerPoint file in the review set that includes imbedded images
or .zip files, these images and files are grouped with the PowerPoint file and shown as nested
items with the file in the item list view.
• Group by conversations: All email messages, Teams conversations, and Viva Engage
conversations are grouped using the same Thread ID and appear as nested items. Additionally,
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all associated content for these messages and conversations is also grouped together. For
example, if you have an email conversation that includes several email messages, some of which
include attachments and some that include embedded images, all of the email messages,
attachments, and images are grouped together in the review set list view under an applicable
item.
Tags
Tagging data in a review set is useful when there is a need to differentiate specific data. For example, to
create tags to define what content is considered sensitive or not sensitive. When an item is tagged as
such it can then be filtered to be included or excluded from a view.
Tags can be located by selecting the below Manage icon inside a review set and selecting ‘Tags’ as
displayed in Figure 68 - Select Tags
New tags will need to be created before they are visible in a review set. Note, Tags can be created
directly inside a Case Review Set, or a tag template can be created which can be made available to all
cases. Tags created in a review set will apply to all review sets within that case. When a template is
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used, the tags can be adjusted per case to meet specific needs. To create a tag, it is necessary to add
both a Tag Group and a Tag Name.
When the tagging panel opens, create the tags by adding a tag group, and then adding a tag.
When adding tags, the following tag type options are available.
• Option (Radio Button) = can only have one selection from that tag group.
• Check Box = can have multiple selected tags from the same tag grouping.
Nested or sub-tags can be added to any tag selections for further definition within a tagging group.
Details for Tag Templates can be found at the following link: Tag Templates (preview)
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As demonstrated below in Figure 70 - Tag an Item to tag an item in a review set do the following:
Further tagging details can be found at the following link: Tag documents in a review set | Microsoft
Learn
Once items are tagged, they can be filtered based on the tag assigned. As demonstrated below Figure 71
- Tag Filter shows a filtered view displaying emails tagged with the non-confidential tag.
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Figure 71 - Tag Filter
Processing
Processing provides visibility into Advanced Custodian Indexing and is where it is possible to address
processing errors with file identification, expansion of embedded documents and attachments, and text
extraction.
When adding custodians and non-custodian data sources to a case on the ‘Sources tab’, all partially
indexed items from M365 are processed to make them fully searchable. Likewise, when content is
added to a review set from both M365 and non-M365 data sources, this content is also processed.
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Exports & Downloads
Premium eDiscovery includes three options for getting data out of a case, 1) The collect to Export option
detailed in the collections section of this document, 2) downloads for exporting single items or small
collections, and 3) Exports for the bulk port of data for import into other systems.
Downloads
There may be scenarios where you need to quickly extract small amounts of data from a Premium
eDiscovery review set. For example, your reviewers find an email thread stating primary facts of the
case that outside counsel should review while developing case strategy.
To download items from the review set, first select the items to download in the review set and then
choose Download from the actions menu as shown in Figure 72. The results will download in a zip file as
shown in Figure 73.
You may also download items individually through the document viewer. As shown in Figure 74, click the
arrow icon to download the file in its native format. Choose the page icon to download the item as a
PDF.
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Figure 74- Download Individual Item
Exports
Tip
Microsoft’s documentation on exports can be found here: Export documents from a review
set in eDiscovery (Premium) | Microsoft Learn if you are new to exports or infrequently use
the features, we recommend you review the documentation along with our guidance
below.
Like downloads, the exports option is found on the Actions tab of the review set menu. The Exports
feature is used to gather up to 5 million items or a total 500GB files. Premium eDiscovery includes four
export formats as shown in Figure 75:
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Figure 75 - Export Options
1. Report Only: With this option, a summary of the selected data is downloaded as a CSV file as
demonstrated in Figure 76. The CSV includes the metadata for each item as detailed in the
exported field name column in Document metadata fields in eDiscovery (Premium) | Microsoft
Learn
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• SharePoint: Files exported from SharePoint sites and OneDrive will be included in this folder.
• Conversations: Transcripts of Teams and Yammer (Viva engage) will be found here as html files.
Important Note
! As mentioned above, the Loose files and PST export is the most frequently request format.
In traditional eDiscovery workflows, that typically focused just on email, this format made
sense. As the types of data included in M365 has grown, relying on just the Loose files and
PST export may cause some issues. Why planning exports, consider how the following will
be handled in systems consuming the export:
1. Cloud attachments. (AKA modern attachments) are not included in the PST file
when the file was attached to an email. Similarly, attachments to Teams
conversations will not be saved in the folder with the HTML transcripts of the
conversations. Instead, the files are exported in the SharePoint folder, in a folder
structure that represents where the file was found on SharePoint or OneDrive.
This is an issue because the party receiving your export may not know how to pair
the cloud attachments with the parent communications or may be using software
that does not support this functionality.
The report included with the export contains metadata about the Teams
conversations. The parties receiving the data must be aware that the report
includes this information and know how to parse it out of the file.
3. Condensed Directory Structure: The condensed directory structure exports each individual file
from the export set in one directory named “Native files.” Each file is renamed with a unique
identifier as shown in Figure 77. Searchable text may also be included in the export in a
directory named “Extracted Text.” The text files are named with the same unique identifier as
the native files. The report file included with the export can be used to load the files into
another eDiscovery review platform along with the processed metadata Premium eDiscovery
generated.
Unlike the loose files and PSTs format, the Condensed directory export format preserves parent
cloud relationships for cloud attachments in a format that is ready to load into a database.
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Figure 77 - Native File View
Tip
Customers frequently ask us the best format is best to use for exports. The chart below
shows examples of different formats to choose when dealing with different scenarios.
Note that you may find yourself using a hybrid format when the bulk of email and loose
files are exported using the loose files and PST format but Teams data and emails with
cloud attachments are exported using the condensed directory format.
Knowing what type of data is included in your export set before you export will help you
decide what format to choose. For example, if your data does not include modern
attachments, then you will not need to consider how those parent child relationships will
be handled downstream. Using the following review set filters will give insight into what is
being exported:
Is Modern Attachment: Searching for documents where this value is True will return files
that are cloud attachments to emails and Teams conversations.
File Class: Searching for items where the value is “Conversation” will return Teams and
Yammer conversations.
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HTML Transcripts of Teams
Conversation; Attachments to the
Condensed Teams Conversations Teams Conversation are treated as
family documents and included
when possible.
Data Set export for delivery to 3rd eDiscovery / Legal Services load file
Condensed
party review tool import ready export
Jobs Report
The 'Jobs’ tab shows the progress of specific user-initiated tasks that occur within a Premium eDiscovery
case. When job tasks are initiated eDiscovery Managers and Admins can view the progress of these
actions is shown in the ‘Jobs’ tab as displayed in Figure 78 - eDiscovery Jobs overview for eDiscovery
Manager.
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Figure 78 - eDiscovery Jobs overview for eDiscovery Manager
Under the Reports tab, eDiscovery Administrators can view, filter and group job tasks across all cases for
activity for the past 30 days as demonstrated in Figure 79 - eDiscovery Jobs overview for eDiscovery
Administrators.
From the screenshots above, there are several examples of running jobs. The table below explains what
these specific jobs do. A full list of job types and descriptions can be found at the following link:
https://learn.microsoft.com/en-us/purview/ediscovery-managing-jobs#job-types-and-descriptions
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• Ingestion & Indexing - The items in the collection that match the
search query are copied to an Azure Storage location (in a
process called ingestion) and then those items in the Azure
Storage location are reindexed. This new index is used when
querying and analyzing items in the data set.
Preparing search preview After a user creates and runs a new draft collection (or reruns an existing draft
collection), the search tool prepares a sample subset of items (that match the
search query) that can be previewed. Previewing search results helps you
determine the effectiveness of the search.
Re-indexing custodian data When you add a custodian to a case, all partially indexed items ’n the custodian's
selected data sources are reindexed by a process called Advanced indexing. This
job is also triggered when you click ‘Update index’ on the ‘Processing’ tab of a
case, and when you update the index for a specific custodian on the custodian
properties flyout page.
Preparing data for export A user exports documents from a review set. When the export process is
complete, they can download the exported data to a local computer.
Advanced Topics
Compliance Boundaries
Compliance Boundaries is a solution that enables businesses to create technical boundaries within which
eDiscovery Managers and eDiscovery Administrators can search for content, preview search results,
export search results, and purge items (soft delete by default). This solution is based on Roles Based
Access Control (RBAC) Groups and Security Permissions Filtering. The RBAC Groups manage the
eDiscovery permissions of those who can access a Compliance Boundary. The Security Permissions
Filtering controls the content locations that can be searched within the configured Compliance
Boundary.
Organizations use Compliance Boundaries to meet regulatory requirements by dividing their eDiscovery
landscape into separate geographical investigation areas. By creating custom Permissioned Groups for
each region, investigators can only search for custodians within their operating regions. For instance, if
your organization operates in the Americas, Europe, and Asia Pacific regions, you can configure a
Compliance Boundary for each region (AMER, EMEA, and APAC). This will ensure that only the respective
teams can search for data within their respective regions by filtering the visibility. This approach helps to
maintain compliance with relevant data privacy laws and regulations.
Automation
As the volume of eDiscovery activities increases and organizations continue to mature, they typically
look to take advantage of automation capabilities to increase efficiency and reduce the risk associated
with ad-hoc manual processes. For example, some organizations leverage automation options to
integrate Premium eDiscovery with their case management systems – creating Premium eDiscovery
cases when a case is created in the management system. Organizations also use automation options to
generate custom reports on their portfolio of eDiscovery cases and holds.
The Microsoft Graph APIs for eDiscovery provide functionality for automation. The commands, part of
the Security namespace, include both generally available and beta eDiscovery commands. Microsoft also
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provides some options for managing eDiscovery cases using the Security & Compliance PowerShell
commands in the Exchange Online PowerShell module.
Visit the following links for more information on automating Premium eDiscovery:
Tip
Using automation to create cases will help ensure settings like enabling OCR and setting
permissions are consistent across the cases in your organization.
Along with upgrading cases, eDiscovery Administrators may view a report of upgraded cases in the
report’s menu for Premium eDiscovery as shown in Figure 81 - Upgraded Case Report.
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Figure 81 - Upgraded Case Report
At this writing, the Premium eDiscovery settings page includes seven categories as shown in Figure 83 -
Premium eDiscovery Settings.
1. Analytics: If you have worked with review set analytics you may expect this section to relate to
defaults for near duplicates and other analytic features. It does not. Instead, this is where
detection for potentially privileged communications across all cases is configured.
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See: Set up attorney-client privilege detection in Premium eDiscovery | Learn
2. Guest users: Introduced as a preview feature in May of 2023, guest access allows eDiscovery
Managers to invite external users to a case. An eDiscovery Administrator must enable the
feature here before any invites can be sent. An eDiscovery Administrator must approve each
invite in the guest user panel and may monitor usage and revoke access at any time.
See: Guest access in eDiscovery | Learn
3. Collections: Introduced in summer of 2023, the collection settings allow eDiscovery
Administrators to set organization default options for collection searches, retrieval, and
processing. To ensure consistency across an organization, these options may be enforced.
Options include:
a. Customization: To lock the selection on this page, uncheck this box.
b. Locations: When doing an additional locations collection search, users will search all
active user, shared, and resource mailboxes by default. To include inactive mailboxes,
groups (Teams), Teams Shared channel mailboxes, and guest mailboxes, the eDiscovery
practitioner must select these additional locations.
c. Retrieval: Retrieval options that can be changed include, collecting Teams and Yammer
conversations as transcript, collecting cloud attachments, collecting all versions of a
document, and collecting unindexed items.
4. Tag Templates: Introduced in September of 2023, Tag templates are tag groups that can be
reused across multiple review sets and cases.
5. Communication Library: eDiscovery Administrators create and edited Communication templates
here.
6. Issuing Officers: Communications may be sent on behalf of these M365 accounts by eDiscovery
managers.
7. Historical Versions (preview): SharePoint versioning allows for tracking the activity of an item,
which can help in providing an audit trail. This feature is currently available in public preview.
During the public preview period, each organization is limited to 100 SharePoint site activations.
When this feature becomes generally available, organizations that used the public preview will
need to obtain a new license.
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Figure 1 - Create a Case .................................................................................................................. 9
Figure 2 - Case Information ........................................................................................................ 10
Figure 3 – Case Setup.................................................................................................................... 11
Figure 4 – Case Setup Cont’d – Text to ignore and OCR .................................................. 13
Figure 5 – Premium eDiscovery Case Overview Page ...................................................... 13
Figure 6 - Premium eDiscovery Case Settings .................................................................... 14
Figure 7 - Case information settings ....................................................................................... 15
Figure 8 – Add Custodian ............................................................................................................ 18
Figure 9 – Selecting Custodians ................................................................................................ 18
Figure 10 - Selecting Custodian Hold ...................................................................................... 19
Figure 11 – Place Custodian Locations on Hold .................................................................... 19
Figure 12 – Added Custodians .................................................................................................... 20
Figure 13 – Import Custodians ................................................................................................... 20
Figure 14 – CSV Wizard ................................................................................................................. 20
Figure 15 – Example CSV Import ............................................................................................... 21
Figure 16 – Add Data Locations ................................................................................................. 22
Figure 17 – Non-Custodial Data Locations. ............................................................................ 23
Figure 18 – Search for a Non-custodial location .................................................................. 23
Figure 19 – Non-custodial locations ......................................................................................... 24
Figure 20 – Select Teams for a Custodian.............................................................................. 26
Figure 21 - Select Custodial Teams ........................................................................................... 27
Figure 22 - Update Data Source Index.................................................................................... 28
Figure 23 – Create a Manual Hold............................................................................................. 30
Figure 24 - Choose Locations for Manual Hold.................................................................... 30
Figure 25 – Enter Queries for Hold ........................................................................................... 31
Figure 26 – Condition card builder for Holds. ....................................................................... 31
Figure 27 - New Communication ............................................................................................. 32
Figure 28 - New Communication, Issuing Officer .............................................................. 32
Figure 29 - Define Portal Content ............................................................................................ 33
Figure 30 - Set Notifications ....................................................................................................... 34
Figure 31- Release Email .............................................................................................................. 35
Figure 32 - Notification Reminders .......................................................................................... 36
Figure 33- Select Custodians to Notify.................................................................................... 37
Figure 34- Communication Summary ................................................................................... 37
Figure 35 – Hold Notice Panel .................................................................................................... 38
Figure 36 - New Communication from a Template ........................................................... 39
Figure 37 - Create a Collection .................................................................................................. 40
Figure 38 - New Collection .......................................................................................................... 40
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Figure 39 - Choose Custodial Data Sources .......................................................................... 40
Figure 40 - Select Custodian Sources ..................................................................................... 41
Figure 41 - Add non-custodial data sources ......................................................................... 41
Figure 42- Additional Locations Exchange ........................................................................... 42
Figure 43- Search Options for Exchange "All" search ....................................................... 43
Figure 44 - Additional SharePoint Locations ....................................................................... 44
Figure 45 - New Collection Query Builder ............................................................................. 45
Figure 46- Select an Operator ..................................................................................................... 1
Figure 47 - Condition Card Builder ............................................................................................ 2
Figure 48 - Choose Conditions .................................................................................................... 2
Figure 49 - Condition Card Example for all email messages between January 1, 2022
and December 12, 2022. ................................................................................................................. 3
Figure 50 - KQL Editor .................................................................................................................... 3
Figure 51 - KQL Auto Fill ................................................................................................................. 4
Figure 52 - Example KQL Query .................................................................................................. 4
Figure 53 - Collection Review ....................................................................................................... 5
Figure 54 - Collection Status ........................................................................................................ 5
Figure 55- Collection Summary - Progress ............................................................................. 6
Figure 56 - Collection Summary - Estimate ............................................................................ 6
Figure 57 - Collection Statistics ................................................................................................... 7
Figure 58 - View Collection Sample ........................................................................................... 7
Figure 59 - Collection Sample ...................................................................................................... 8
Figure 60- Commit Collection ..................................................................................................... 8
Figure 61- Collection Actions Button ......................................................................................... 9
Figure 62 - Create a Review Set ................................................................................................ 12
Figure 63 - Current Review Set.................................................................................................. 13
Figure 64 - Review Set ready for review ................................................................................. 13
Figure 65 - Open Review Set ...................................................................................................... 13
Figure 66 – Run Document & email Analytics ..................................................................... 14
Figure 67 - Query Review Set ..................................................................................................... 16
Figure 68 - Select Tags ................................................................................................................. 17
Figure 69 - Create New Tags ...................................................................................................... 18
Figure 70 - Tag an Item ................................................................................................................ 19
Figure 71 - Tag Filter ...................................................................................................................... 20
Figure 72 - Export Overview .......................................................... Error! Bookmark not defined.
Figure 73 - Export Items.................................................................. Error! Bookmark not defined.
Figure 74 - Export Items to Review Set ..................................... Error! Bookmark not defined.
Figure 75 - Download Files Option .......................................................................................... 21
Figure 76 - Downloaded Files .................................................................................................... 21
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Figure 77 - Export Options ......................................................................................................... 23
Figure 78 - Report Only ................................................................... Error! Bookmark not defined.
Figure 79 - Report Only File ........................................................................................................ 23
Figure 80 - PST Export ..................................................................... Error! Bookmark not defined.
Figure 81 - PST Export ...................................................................... Error! Bookmark not defined.
Figure 82 - Condensed Directory................................................. Error! Bookmark not defined.
Figure 83 - Native File View ........................................................................................................ 25
Figure 84 - eDiscovery Jobs overview for eDiscovery Manager .................................... 27
Figure 85 - eDiscovery Jobs overview for eDiscovery Administrators ......................... 27
Figure 86 - Upgrade Standard eDiscovery Case ................................................................. 29
Figure 87 - Upgraded Case Report .......................................................................................... 30
Figure 88 - Premium eDiscovery Settings ............................................................................ 30
Figure 89 - Premium eDiscovery Settings ............................................................................ 30
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