Uncertain & Unseen: Handling Metadata in Litigation Cases

“Uncertain and Unseen,” a bylined article by Preston Gates partner Todd Nunn on the handling of metadata in litigation, appears in the January EDD Showcase issue of Law Technology News.

In his article, Todd outlines pending amendments to the Federal Rules of Civil Procedure and discusses their implications for handling metadata and other types of electronically stored information in litigation cases. While the proposed amendments do not specifically reference metadata, he notes “there are a number of amendments that should clarify issues related to its preservation and production.”

If the rules are approved this year, they will become law on December 1, 2006. Either way, “even in the absence of amended rules,” Todd advises, “parties can avoid risk by raising metadata issues with opposing counsel and the court early in the litigation.”