On August 18, 2025, the New York Law Journal published an article by Freshfields lawyers titled “ Hyperlinked Documents: Modern Attachments or Beyond the Scope of Proportional Discovery? ” The article discussed an emerging question in civil discovery: Do you have to produce hyperlinked documents in discovery?
Why This Matters Now
Traditionally, emails and their attachments are produced together in litigation—think of them as “parent” (the email) and “child” (the attachment). It’s a clear, easy-to-follow process: what you sent is what you produce. But collaborative workspaces and other platforms often incorporate hyperlinks instead of traditional attachments, which may create new challenges in discovery. For example, hyperlinked documents may live outside the platform, be updated after