Beware the pitfalls of metadata - learn how to keep your electronic documents metadata-free.
In the technology-infused society that lawyers live and practice in, lawyers must be aware of the presence of metadata in electronic documents and how to address it. Metadata is embedded information in electronic documents that is generally hidden from view in a printed copy of a document. It is generated when documents are created or revised on a computer. Metadata may reflect such information as the author of a document, the date or dates on which the document was revised, tracked revisions to the document, and comments inserted in the margins. It may also reflect information necessary to access, understand, search, and display the contents of documents created in spreadsheet, database, and similar applications. This embedded electronic information may include privileged information, information subject to the work product privilege, information that has not been requested in discovery, information that has been requested in discovery but is subject to an objection on which a court has not yet ruled, nondiscoverable information, and private or proprietary information. Some metadata is of little or no use to a party or counsel in a litigated dispute or transactional matter. Other metadata is directly material to a factual or legal issue. If the sender has not affirmatively minimized (scrubbed or stripped) metadata in the document, some information may be revealed by simple computer keystrokes, while other metadata may be mined by the use of sophisticated computer software. Practicing law in today's society, this topic will reaffirm how we as attorneys can embrace the opportunities afforded by technology to serve our clients better but cannot afford to ignore the risks posed.
Agenda
Faculty
Brett R. Harris, Esq.
Wilentz, Goldman & Spitzer, P.A.
- Business, nonprofit, and technology attorney, shareholder in the Woodbridge, New Jersey office of Wilentz, Goldman & Spitzer, PA
- Admitted to practice in the states of New Jersey and New York
- Has a corporate transactional practice, focusing on counseling charities, foundations, and other nonprofits on their exempt status, governance, and compliance, and handles intellectual property and cybersecurity matters
- Member of the Legal Working Group for the Center for Nonprofits, an umbrella organization for New Jersey 501(c)(3)s providing advocacy, resources, training, and information to strengthen nonprofits and help them thrive
- Appointed by New Jersey Supreme Court as a Trustee of The IOLTA Fund of the Bar of New Jersey, currently serving as Treasurer
- Serves on the Board of Trustees of the New Jersey Chapter of the Association of Fundraising Professionals, chairing the Chapter’s Government Relations and Advocacy Committee and is a Member of the Steering Committee for the Nonprofit Forum of Commerce and Industry Association of New Jersey
- Member of the Board of Trustees of the New Jersey Women Lawyers Association, serving as co-chair of the Grants/Charitable Giving Committee and previously General Counsel to the Association; director and past chair of the Business Law Section of the New Jersey State Bar Association; trustee of the New Jersey State Bar Association Women in the Profession Section; member of the New Jersey State Bar Association’s Bylaws and Resolutions Standing Committee and member of the American Bar Association’s Women Rainmakers Committee
- J.D. degree, New York University School of Law; B.A. degree, cum laude, Washington and Jefferson College
- Follow her on LinkedIn, Facebook, and Twitter @BrettHarrisEsq for posts on business and nonprofit matters, technology law, and issues of interest to professional women
- Can be contacted at [email protected] or 732-855-6122
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