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OnDemand Course

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, 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.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 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 34 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, 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 July 25, 2019.

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

  • CA MCLE 1.5 including Ethics 0.75
     
  • Lorman Business Center, LLC. 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.
     
  • 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.
     

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.

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Why Lorman?

Over 34 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.
  • Has a corporate transactional practice, focusing on counseling charities and foundations on their exempt status, governance and compliance, and also 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 in March of 2020 by the New Jersey Supreme Court as a trustee of The IOLTA Fund of the Bar of New Jersey
  • Serves as general counsel to the New Jersey Women Lawyers Association, immediate past chair of the Business Law Section of the New Jersey State Bar Association, a trustee of the New Jersey State Bar Association’s Women in the Profession Section, and a member of the New Jersey State Bar Association’s Bylaws and Resolutions Standing Committee
  • Named as one of the Top 25 Leading Women by Leading Women Entrepreneurs & Business Owners in 2019 and one of NJBIZ Magazine’s Best 50 Women in Business in 2012
  • Member of the Nonprofit Forum Steering Committee of Commerce and Industry Association of New Jersey
  • Can be contacted at 732-855-6122 and [email protected], or follow her on LinkedIn, Facebook and Twitter @BrettHarrisEsq for posts on business and nonprofit matters, technology law and issues of interest to professional women
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Why Lorman?

Over 34 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.

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Product ID: 406467
Published 2019
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