Does anyone want to talk about this:

American Bar Association released their opinion about the ethics of 
adversarial use of metadata -that is when producing party's counsel hands 
over electronic records with metadata and annotations (which they call 
collectively "embedded" data) to opposing counsel without realizing it, and 
then opposing counsel uses that metadata against producing party. Then 
producing party makes privilege claims to get it back (a clawback). ABA's 
position is basically that ignorance of the structure of electronic records 
and information systems is no excuse - if you produce it for opposing 
counsel they can use it. Then in the article ABA does a lot of spoon-feeding 
about what metadata is and how you can scrub it. (There's no use of the term 
"native file format" anywhere in the 5 page opinion)

http://www.pdfforlawyers.com/files/06_442.pdf

.





Maureen Cusack, M.I.St.

http://www.maureencusack.net

"There are two kinds of adventurers; those who go truly hoping to
find adventure and those who go secretly hoping they won't."
                        -Rabindranath Tagore

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