Before I brought this argument to the profession, I tried to break it. Two AI systems argued the Preservation Gap under Rule 37(e) — and the objections that survived forced significant revisions.
Rule 37(e) requires "reasonable steps" to preserve ESI. When evidence lives in Teams, Slack, and SharePoint, preservation steps designed for email may be structurally incomplete — even when they execute correctly.
When a SharePoint link resolves successfully but the produced document is not the version that existed at send time, the evidentiary record is silently wrong.
A reconstruction-grade response to The Sedona Conference's Commentary on Discovery Implications of Collaboration Platforms (October 2025)