Leveraging Metadata in Litigation: Preservation Challenges, Relevance, Proportionality, Admissibility, Privilege
Recent Issues Related to Modern Attachments, Metadata Logs, Privacy, Blockchain, Impact of Artificial Intelligence
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will bring litigators up to date about leveraging metadata while at the same time preventing exposure of privileged or proprietary information. The panel will review the evolution of metadata, address challenges with discoverability and admissibility, and then discuss recent issues related to modern attachments, metadata logs, privacy, the impact of analysis with artificial intelligence, and more. The panel will offer best practices for managing complex metadata to provide substantive evidence and authenticate key information.
Outline
- Understanding metadata
- Modern attachments
- Metadata logs
- Impact of analysis with artificial intelligence
- Electronic redaction
- Using metadata in litigation
- Preservation
- Discoverability
- Relevance
- Standards
- Relevant in specific categories of cases
- Proving existence of document vs. contents
- Proportionality
- Relevance
- Admissibility
- Authentication
- Hearsay
- Risks and challenges
- Protecting privilege, work product
- Protecting client data
- Privacy issues
- Ease of alteration
- Benefits
Benefits
The panel will review these and other key questions:
- What can counsel do to reduce or eliminate the risk of inadvertent disclosures with metadata?
- How can metadata authenticate evidence? How can metadata serve as substantive evidence?
- What are best practices for demanding the production of metadata?
Faculty
Julie Lewis
President, CEO and Founder
Digital Mountain
Ms. Lewis has over 35 years of experience working in the high technology industry. Prior to founding Digital... | Read More
Ms. Lewis has over 35 years of experience working in the high technology industry. Prior to founding Digital Mountain, she worked at VERITAS Software (now Symantec) with next-generation storage, security and search companies. At VERITAS, Ms. Lewis managed operations for new product releases across sales, marketing, product management, legal, engineering and customer support. Before joining VERITAS, Ms. Lewis worked in the venture capital and investment banking industries in both the Silicon Valley and Boston areas focusing on the Internet Infrastructure, security and software sectors. In addition, she worked for two of the Big 4 accounting firms doing financial and IT auditing, as well as M&A due diligence as a CPA. Ms. Lewis also worked for Applied Magnetics, a publicly traded provider of disk and tape drive components. She earned an MBA under fellowship from the F.W. Olin Graduate School of Business at Babson College and a BA in both Business Economics and Sociology from the University of California at Santa Barbara. Ms. Lewis is a member of the High Tech Crime Investigation Association (HTCIA), National Association of Litigation Support Managers (NALSM), Sedona Conference’s Working Group on E-mail Management and Archiving, Cloud Security Alliance and has received her EnCE (Encase Certification in Computer Forensics). She is founding Co-Chair of the Silicon Valley Chapter of Women in eDiscovery.
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Robyn Shepard, Esq.
ESI Consultant & Project Manager
Digital Mountain
Ms. Shepard has a dynamic background in eDiscovery, digital forensics, and legal analysis focusing on navigating... | Read More
Ms. Shepard has a dynamic background in eDiscovery, digital forensics, and legal analysis focusing on navigating complex data environments, ensuring compliance with regulatory standards, and maintaining the highest levels of data integrity. In additional to her legal career, Ms. Shepard’s professional experience spans an array of industries, including medical devices, hazardous packaging, consumer packaged goods, and retail analytics. Prior to working in eDiscovery and digital forensics industry, Ms. Shepard worked at the Wisconsin State Public Defender, where she focused on addressing the scientific challenges of expert testimony, ensuring its accuracy and applicability in legal proceedings, and co-presented on probabilistic genotyping at the Wisconsin State Public Defender Annual Conference in 2023. Additionally, she is a Certified E-Discovery Specialist (CEDS) and holds advanced certifications in digital forensic investigation, IT service management, and information security. Ms. Shepard is a licensed attorney in Wisconsin with admissions to both the Eastern and Western Federal District Courts. Ms Shepard holds a Juris Doctor from Marquette University Law School and further enriched her legal studies at Justus-Liebig University in Gießen, Germany.
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