Electronic evidence in litigation

An interesting article called “Uncertain & Unseen” by Todd Nunn is devoted to the handling of metadata in litigation. The author outlines pending amendments to the Federal Rules of Civil Procedure and discusses their implications for handling metadata and other types of electronically stored information in litigation cases.

The article defines metadata as “the information about, and contained within, a document. It describes how, when and by whom the document was created, accessed, modified, and formatted.”

“Metadata is frequently not viewable in the document without special effort. It is easily altered and destroyed inadvertently, and much or all of it is not reproduced if the document is imaged or printed. It serves an important purpose in document management, but is typically not relevant in litigation. But, like other electronic information, if relevant, its destruction could subject a party to sanctions.”

For instance, each MS Office document contains a large number of metadata fields, some of them may present crucial evidence. Therefore, electronic evidence discovery is an important issue that should be approached more broadly and comprehensively.

This blog is run by the authors of FindProtected.
FindProtected is a security program that allows you to search your network for password protected and evidential files. With FindProtected, you can easily identify protected files and relocate them if necessary.

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