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FRCP And MetaData – Avoid The Lurking E-Discovery Disaster

By Dennis Kennedy on June 29, 2007

An excerpt of a recent white paper I wrote for e-discovery vendor Workshare has been published as an article in Metropolitan Corporate Counsel magazine and is available online here.
The article, “FRCP And MetaData – Avoid The Lurking E-Discovery Disaster,” takes a look at how document metadata is addressed by the recent amendments to the Federal Rules of Civil Procedure relating to electronic discovery.
The money quote:

The new rules do not set up requirements, regulations or specific guidelines for the handling of metadata and specific metadata issues. However, they clearly leave no place for organizations and their legal teams to hide when it comes to metadata. The rules clearly bring the consideration, discussion and handling of metadata to the surface in every case, and eliminate any argument that metadata is not a part of modern discovery practice.

I suspect that most, if not all, readers of this blog already knew that, but I’m always surprised by how slowly lawyers in general are reacting to this changing reality.
And, yes, I will write white papers on a selective basis for legal technology (and other) vendors.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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