Metadata Redux: Now You're Telling Me I Need to Provide Metadata to the Opposing Side?

The Wyoming Lawyer, p. 46, June 2014

4 Pages Posted: 23 Jul 2014

Date Written: June 1, 2014

Abstract

Metadata is "data about data." As has been discussed in previous literature, problems may arise for lawyers and their clients when certain kinds of metadata are inadvertently provided to opposing attorneys and parties. However, in other situations, attorneys and their clients may be under an obligation to provide their metadata to opposing attorneys and parties. This article begins by reviewing the case law involving metadata and providing a brief history of the discoverability of metadata. The article next addresses best practices for obtaining metadata at the outset of litigation. Next, the article addresses best practices for limiting metadata at the outset of litigation. The article concludes by commenting on metadata's overall role in the discovery process.

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

Suggested Citation

Klinkner, Blake, Metadata Redux: Now You're Telling Me I Need to Provide Metadata to the Opposing Side? (June 1, 2014). The Wyoming Lawyer, p. 46, June 2014, Available at SSRN: https://ssrn.com/abstract=2469627

Blake Klinkner (Contact Author)

The Klinkner Law Firm, LLC ( email )

1603 Capitol Avenue Suite #314
Cheyenne, WY 82001
United States
307-365-9546 (Phone)

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