Tuesday, June 23, 2009

Methinks a Supreme Court Case May Be in the Future

Well, duh, lots of them right. But the somewhat esoteric but increasingly important area of electronic discovery is looking at a potential Supreme Court fight as two states recently came down with two conflicting rules on the ability of attorneys to examine metadata. For the non-geeks out there (including me) metadata is the information that is embedded in a computer file, including such information as when the file was created, by what user, when was it last accessed, when was it last changed, etc. Such data can be extremely useful in many situations.

But two different state legal ethics rulings provide an example of the mixed views in this developing realm of law and discovyer. From Legalethics.com:

New Hampshire Attorneys May Not Use Hidden Metadata.

But Pennsylvania lawyers can use metadata.

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