James Ferber Explains Potential Uses of Metadata in Electronic Discovery

"Process Often Like Peeling an Onion," Columbus Business First

The federal government has created new rules regarding electronic discovery, leading to the possibility that one party may be required to provide metadata to the opposing party through the discovery process. A litigating party would be able to use metadata to build its case by accessing changes that were made to a document prior to its final version. "The metadata can relate the thought processes of executives involved in a decision, especially if multiple people made changes to a document," stated James Ferber. Courts have yet to make a decision regarding this matter.

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