Metadata

News & Analysis as of

Court Says Prolonged Discovery Periods Are Not “Marvelous” (Rhode Island)

Wai Feng Trading Co. v. Quick Fitting, Inc., 2016 U.S. Dist. LEXIS 77672 (D.R.I. June 14, 2016) - In this intellectual property and collection action, the defendant moved the court to compel discovery of ESI in its...more

Cost Alone Is Not Sufficient to Evade Native File Production (Georgia)

Mitchell v. Reliable Sec., LLC, 2016 U.S. Dist. LEXIS 76128 (N.D. Ga. May 23, 2016) - In this employment discrimination case, the plaintiff requested that ESI be delivered in its native format, with metadata intact, to...more

May The Force be with You: Binding the E-Discovery Process Together

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Court Compels Production of Database for Forensic Metadata Analysis (Utah)

Thorne Research v. Atlantic Pro-Nutrients, 2016 WL 1122863 (D. Utah Mar. 22, 2016) - In this patent infringement suit, the defendant filed a motion to compel, seeking a copy of a database that the plaintiffs’ inventor...more

Administrative Determinations by the Supreme Court on the Report and Recommendations of the Working Group on Ethical Issues...

Last week, the New Jersey Supreme Court accepted the recommendation of a task force it established to study whether New Jersey’s civil discovery and ethics rules should take account of “metadata” in electronically-transmitted...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

U.S. Government Challenges Preliminary Injunction On NSA Surveillance Program: Update On Klayman v. Obama

On Monday, January 4, 2016, the U.S. government filed a motion in Klayman v. Obama to vacate the preliminary injunction granted by the U.S. District Court for the District of Columbia that limited the National Security...more

Court Rejects Plaintiff’s Requested Production Format in Favor of Format Containing Metadata (New York)

Feist v. Paxfire, Inc., 2015 WL 6456710 (S.D.N.Y. Oct. 26, 2015) - In this discovery dispute, the plaintiff claimed that the defendant ignored the plaintiff’s production requests, resulting in duplicative and burdensome...more

Appellate Court Affirms Sanctions in Light of “Delay Tactics” and Spoliation (Massachusetts)

Long Bay Management Co. v. Haese, 2015 WL 7213811 (Mass. App. Ct. Nov. 17, 2015) - In this overbilling dispute, the defendants appealed a judgment pursuant to an order of default sanctions and an order assessing damages,...more

UK Investigatory Powers Bill: Big Brother 2.0?

On 4 November an Investigatory Powers Bill (‘Bill’) which could overhaul internet surveillance in the UK was introduced to the House of Commons....more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Appellate Court Affirms Order to Produce Records in Native Format (Texas)

In re State Farm Lloyds, 2015 WL 6751057 (Tex. App. Oct. 28, 2015) - In this insurance claim case, the court affirmed an order compelling the defendant to produce records in native format in the face of the defendant’s...more

New Study Finds Ghost Data Haunts Devices

As the leaves change colors, the air becomes crisp and pumpkin-spiced everything fills the shelves, we think of little (and big) kids going door to door for candy, apple picking, and all those Halloween ghost stories. Not the...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

New French Act on Intelligence Services: Impacts on Technical Operators

The newly enacted French legislation on intelligence services ("Loi relative au renseignement") has been almost entirely approved by the French Constitutional Court and shall fully enter into force by December 2015, at the...more

Copyright & Trademark Protections- Is Metadata Included?

A Canadian federal court recently released an opinion holding that meta tags, at least in some circumstances, are not entitled to copyright protection. Although the precedent is not binding in American courts, the...more

No copyright or trademark protection for metatags

What if a competitor copied the metatags on your website and you watched web traffic bleed from your own site while the competitor’s site enjoyed a bump in hits? Are metatags subject to copyright or trademark protection?...more

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

Merger Guidance Nine Years in the Making From the FTC

Earlier this month, the Bureau of Competition of the U.S. Federal Trade Commission (FTC) offered updated guidance for merger investigations—the first time it has done so in nine years. Although the Department of Justice’s...more

Use of Competitors’ Trademarks as Google AdWords is not Infringement

The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,...more

On the Reidentifiability of Credit Card Metadata

PLA today posts a link to “Unique in the Shopping Mall: On the Reidentifiability of Credit Card Metadata,” which concludes that card transaction data that was anonymized in conventional ways (e.g., by removing names and...more

SEC Finds Metadata Contradicts CCO’s Statement In Examination

The SEC recently settled an enforcement action against an investment advisor, Parallax Investments LLC, its owner and its Chief Compliance Officer, finding that metadata in the CCO’s annual compliance memorandum contradicted...more

Rand Paul And The Expiration Of The Patriot Act

During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior senator from Kentucky),...more

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