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
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: Suggested Citation