Volume 2 - Number 7 | November 2005
| November 2005 Issue in PDF Format … |
| Defining Metadata By David H. Schultz A recent Kansas decision — Williams v. Sprint/United Mgmt Co. — represents one of the most important court opinions on metadata and parties' obligations to produce it in response to a legal discovery request. The plaintiffs requested a "native" production of Microsoft Excel spreadsheets to determine whether there were "any actual other columns or types of information available" on them. After receiving the spreadsheets, the plaintiffs claimed that the defendant "scrubbed" the spreadsheet files to remove metadata without producing a log of the information scrubbed. The plaintiffs also asserted the defendant locked cells and data on the spreadsheets, preventing the plaintiffs from accessing those cells. Although the court did not sanction the defendant, it ordered the defendant to produce the spreadsheets' metadata and to produce "unlocked" versions of those spreadsheets. The court held that "when a party is ordered to produce electronic documents as they are maintained in the ordinary course of business, the producing party should produce the electronic documents with their metadata intact, unless that party timely objects to production of metadata, the parties agree that the metadata should not be produced, or the producing party requests a protective order." |
| In-House e-Discovery Processing: Much More Than Software By Conrad J. Jacoby Many law-firm clients, horrified by the expense of having their electronic data collected and processed by outside discovery specialists, press their law firms to find less expensive ways to get these materials ready for production in discovery. Fortunately (and conveniently), vendors offer a variety of products that law firms could use to process digital discovery materials in-house. Seeing the possibility of generating additional revenue while reducing a client's out-of-pocket expenses, many law firms' technology and training committees are being tempted to add internal electronic data discovery (EDD) processing services. Relatively few law firms, however, have analyzed the full range of technical and legal issues that come with offering these services. |
| New Rules for e-Evidence: The Case For The Defense By Sonya L. Sigler More than a few attorneys have so far managed to stave off the fateful day when they truly will have to address electronic evidence. Either they have been fortunate or smart in their selection of cases, or someone else has taken care of these issues for them. Or maybe they and opposing counsel have quietly decided that there was really nothing very interesting in those e-mails and that the paper documents will be adequate. However, that fateful day is arriving quickly as proposed changes to the Federal Rules of Civil Procedure come closer to final approval. |
| e-Discovery Docket Sheet By Michele C.S. Lange and Charity Delich Recent court rulings in e-discovery. |
