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How Metadata Changed the Outcome of a Complex Employment Case
By definition, metadata is data about data. For computer files, it includes file name, file type, date last opened, date last edited and more. In addition to that kind of file information, which most people can see, there are many more metadata fields that are hidden to typical users. When a file is created or revised, details may be embedded about who created or changed the document, when, on what computer, at what company, what was changed and more. This information can be valuable for a court case, and it goes beyond standard electronic discovery data collection: it must be gathered and analyzed by a digital forensics specialist.
My firm recently represented a company in a complex employment case with non-compete covenants and trade secrets at stake. Although we have extracted metadata in-house in the past, for this case we needed to be absolutely certain the work was done in a forensically sound manner so that we could use it during the trial. We used DSi, an e-discovery and digital forensics company that uses a combination of proprietary and leveraged technology to cover the entire electronic evidence lifecycle, to forensically collect and investigate the digital files for the case because they are this client's preferred national e-discovery vendor.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.