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Practical and Ethical Implications of Metadata in Documents

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, non-discoverable 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.

Runtime: 87 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Understanding Metadata in the Practice of Law

  • Metadata in Transactional Documents
  • Metadata in Litigation

E-Discovery Issues Relating to Metadata

  • Preservation
  • Production
  • Forensic Support

Pronouncements by American Bar Association on Techno-Ethics Issues

  • ABA Formal Ethics Opinion 05-437 Inadvertent Disclosure of Confidential Materials
  • ABA Formal Ethics Opinion 06-442 Review and Use of Metadata
  • Technology Amendments to Rules of Professional Conduct
  • ABA Formal Ethics Opinion 17-477R Securing Communication of Protected Client Information

Survey of Issues Discussed in State Ethics Opinions

  • Sender's Duty When Transmitting Metadata
  • Recipient's Right or Obligation to Review or "Mine" Metadata
  • Obligation of Recipient to Notify Sender of Metadata Received
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 22, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 0.75
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.75 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.4 including Ethics 0.8
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours' credit, including 0.8 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 0.75
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.75 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.75
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.75 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 0.9
     
  • This program may qualify for 2.0 credit hours including 0.9 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5 including Ethics 0.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 0.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Technology 1; Ethics 1
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 1.00 hour(s) of ethics credit and 1.00 hour(s) of Technology credit. Course classification: Intermediate level.
     
  • GA CLE 1.4 including Ethics 0.8
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.4 CLE hours, including 0.8 ethics hours.
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IA CLE 1.5 including Ethics 0.75
     
  • Practical and Ethical Implications of Metadata in Documents is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) including 0.75 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.25 including Legal Ethics 0.75
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 0.75 hours.
     
  • IN CLE 1.5 including Ethics 0.8
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education CLE credit which includes 0.8 hour(s) of ethics.
     
  • ME CLE 1.0 including Ethics 0.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit including 0.50 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.25 including Ethics 0.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit, including 0.50 hours of ethics credit.
     
  • MS CLE 1.4
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.4 credit hours.
     
  • MT CLE 1.5 including Ethics 0.75
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.75 hours of ethics credit.
     
  • NC CLE 1.25 including Ethics 0.75
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours, including 0.75 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 0.75
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 0.75 hours of ethics credit.
     
  • NH MCLE 1.4 including Ethics 0.8
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 80 minutes of legal ethics credit.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 0.7
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.7 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5; Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 0.50 hours and Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 1
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 1.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 including Ethics 0.75
     
  • Approved for 1.5 CLE credits in Oregon, including 0.75 hours of ethics credit.
     
  • PA CLE 1.0 including Ethics 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 0.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • TN CLE 1.42 including Dual 0.75
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.42 hours of credit, including 0.75 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 0.75
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 0.75 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 0.75 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VT CLE 1.5 including Ethics 0.75
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 0.75 hours of ethics.
     
  • WA CLE 1.5 including Ethics 0.75
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 0.75 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8 including Ethics 0.9
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 0.9 hours of ethics credit.
     
  • NALA 1.43
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for (s) hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 0.75
     
  • Arizona CLE 1.5 including Ethics 0.75
     
  • CA MCLE 1.5 including Ethics 0.75
     
  • CT CLE 1.5 including Ethics 0.5
     
  • FL CLE 2.0 including Technology 1; Ethics 1
     
  • GA CLE 1.5 including Ethics 0.8
     
  • HI CLE 1.5
     
  • IL CLE 1.5 including Legal Ethics 0.75
     
  • ME CLE 1.5 including Ethics 0.5
     
  • MT CLE 1.5 including Ethics 0.75
     
  • NJ CLE 1.8
     
  • NM CLE 1.5 including Ethics 0.7
     
  • NV CLE 1.5 including Ethics 0.5
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5 including Ethics 0.75
     
  • WA CLE 1.5 including Ethics 0.75
     
  • WV MCLE 1.8 including Ethics 0.9
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5 including Ethics 0.75
     
  • Arizona CLE 1.5 including Ethics 0.75
     
  • CA MCLE 1.5 including Ethics 0.75
     
  • CT CLE 1.5 including Ethics 0.5
     
  • FL CLE 2.0
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5 including Ethics 0.5
     
  • MT CLE 1.5 including Ethics 0.75
     
  • NJ CLE 1.8
     
  • NM CLE 1.5 including Ethics 0.7
     
  • NV CLE 1.5 including Ethics 0.5
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5 including Ethics 0.75
     
  • WA CLE 1.5 including Ethics 0.75
     
  • WV MCLE 1.8 including Ethics 0.9
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Brett R. Harris, Esq.

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, P.A.
  • Admitted to practice in the States of New Jersey and New York
  • Has a corporate transactional practice, counseling corporations, limited liability companies, charities and foundations on contract and compliance matters, with an emphasis on technology issues including intellectual property protections and cybersecurity
  • Member of the New Jersey Supreme Court Working Group on Ethical Issues Involving Metadata
  • Serves as General Counsel to the New Jersey Women Lawyers Association, Secretary and Director 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 and Past Chair of the New Jersey State Bar Association Internet and Computer Law Committee
  • Named as one of NJBIZ magazine’s Best 50 Women in Business in 2012
  • Member of the Steering Committee for the Technology for Business Forum of Commerce and Industry Association of New Jersey
  • J.D. degree, New York University School of Law; B.A. degree, cum laude, Washington and Jefferson College
  • Contact her at [email protected] or 732-855-6122 and follow her on Twitter @BrettHarrisEsq for tweets on business and nonprofit matters, technology law and issues of interest to professional women
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Product ID: 399290
Published 2018
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