Metadata: What Is It? How Can It Get Me into Trouble? What Can I Do About It?

Abstract

Metadata is "data about data." Problems arise for lawyers and their clients when metadata is inadvertently provided to opposing attorneys and parties. This article provides a brief overview of what metadata is. This article next discusses how metadata can get attorneys into trouble. Lastly, this article concludes by informing lawyers what they may do about metadata in order to prevent its accidental disclosure.

Keywords: metadata, meta data, meta-data, attorney, attorneys, lawyer, lawyers, law, discovery, production, computer, negotiation, technology, plaintiff, plaintiffs, defendant, defendants, court, courts, legal, litigation, litigate, evidence, evidentiary, law firm, contract, settlement, ethics, ethical, email

JEL Classification: O39, O34, O33, O32, 031, 030, K41