Electronic versions of document include hidden 'metadata', i.e., information about authors, creation and edit dates as well as actual changes to text and embedded comments. Lawyers have been using metadata to discover facts that may be relevant to a pending lawsuit in which the electronic document was produced by the opposing party. Metadata may also prove useful in contract negotiations where electronic versions of the proposed contract are being exchanged between the parties. In a recent formal opinion, the Standing Committee on Ethics and Professional Responsibility of the America Bar Association stated that such uses of metadata are not prohibited. The impact of this opinion is far-reaching. Companies who send out electronic documents without first 'scrubbing' them with a commercially available software product or converting them to a format in which metadata is not accessible, such as pdf, may be inadvertently disclosing sensitive or other information that could be used against their interests. To review the ABA's formal opinion, go to: Click here.

For more information about legislation or litigation involving technology, intellectual property protection of information technology assets or any other Information Technology law issue, contact your Miller Canfield attorney or Kathy Ossian, Leader of our Information Technology Team, or call her direct at 313.496.7644.