Metadata

News & Analysis as of

Whistleblower's Legacy: President Reforms Key Surveillance Law; Europe Questions Safe Harbor Regime

Nearly two years ago, Edward Snowden, a contractor working with the U.S. National Security Agency (“NSA”), revealed startling details of widespread surveillance practices by the U.S. government into telephone and Internet...more

Australia’s New Mandatory Data Retention Law

Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications...more

The Madness of Big Data

To take a break from pure e-discovery, we wanted to focus on something fun. Now that Selection Sunday is behind us, it is time to get down to the important business of filling out brackets for the NCAA Division 1 Men’s...more

Use of Competitor's Trademarks in Metatags does not Constitute Infringement

A recent decision of the Federal Court of Canada has addressed issues that have received little judicial consideration in Canada, specifically whether use of a competitor's registered trademark in metatags constitutes...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata (New Jersey)

Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014). In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more

The Use of First and Last Names as Meta Tags is not Subject to the French Data Protection Act

"Meta Tags" are HTML codes entered into the source code of a webpage providing for information on the nature and content of such webpage, which are used to facilitate the indexing and referencing of such a webpage in search...more

Lawyer's Duty to Preserve Social Media Evidence

Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

Embedded Metadata: Out of Sight, Out of Mind

Most of us have created a new file using an old one as a template. Although we save the file under a separate, new name, the embedded metadata from the old file, such as tracked changes or comments in Microsoft Word,...more

Defendant Fails to Meet Safe Harbor Standards with Deletion of Metadata (California)

Gardner v. Cafepress, Inc., 2014 WL 794216 (S.D. Cal. Feb. 26, 2014). In this copyright case, the plaintiff alleged that the defendant infringed on the plaintiff’s copyrights to an image and sought the seizure and/or...more

Court Imposes Sanctions for Manipulation of Metadata ( Texas)

T & E Inv. v. Faulkner, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014). In this case, the plaintiffs sought sanctions for the defendant allegedly manipulating metadata to try to conceal the use of an unproduced computer. The...more

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014 : Defendant CafePress operates a website that allows users to upload images for printing on products that others can purchase, such as T-shirts....more

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more

Obama’s European Privacy Headache

Since the revelations of Edward Snowden, there has been a wave of data privacy repercussions in Europe. Snowden, the former CIA employee and US National Security Agency (NSA) contractor, disclosed top secret NSA documents...more

Week in Review - January 23, 2014

Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link below to an article...more

Congress Sounds Off On President's #NSAspeech

Today, President Obama delivered an address announcing reforms to the NSA's domestic surveillance programs. Following a deluge of leaks concerning the NSA's domestic operations, President Obama created an advisory panel to...more

Defendant Does Not Deliver Correct Format, Must Produce ESI with Metadata (Louisiana)

RPM Pizza, LLC v. Argonaut Great Central Ins. Co., 2013 WL 6054551 (M.D. La. Nov. 15, 2013). In this insurance claim case, an intervening plaintiff objected to the defendant’s production. The defendant produced ESI in...more

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more

Europe: CJEU - Dedicated Meta Search Engine Infringes Database Rights (Autotrack v Gaspedaal)

On 19 December 2013 the Court of Justice of the European Union rendered an important judgment concerning the interpretation of Article 7 of Directive 96/9/EC regarding the legal protection of databases (the 'Database...more

The Twelve Days of Surveillance

It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more

Evolving Expectations of Privacy: Klayman v. Obama

In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more

Top 5 Ediscovery Case Summaries - December 2013: Michigan: Court Allows the Production of Police Report Metadata to Criminal...

United States v. Tutt, 2013 WL 5707791 (E.D. Mich. Oct. 21, 2013). In this criminal case, the court granted the defendant’s subpoena duces tecum for the production of the arresting officers’ personnel files, internal...more

It's Not Just the NSA: Your Keyboard Knows Who You Are, Too

In 1891, Arthur Conan-Doyle wrote a Sherlock Holmes short story entitled “A Case of Identity”. In it, he solves a mystery in part by determining that several different letters were all typed on the same typewriter: "It...more

Top 5 Ediscovery Case Summaries - November 2013: California: Producing Over 200,000 Unsearchable TIFFs Not Enough to Warrant...

Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013). In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more

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