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Metadata Scrubbing and Mining: Legal, Ethical and Practical Implications

  • Latest Trends and eDiscovery Case Law Newsletters

Posted on July 10th, 2010

New Lorman Education Offering Held: August 17, 2010

Non-Member Member
Live Teleconference: $199.00 $179.10
Live Teleconference + CD: $268.00
Best Value!
Best Value!
Can’t Attend the Live Teleconference?
CD/Manual Package Only: $179.10

Benefits: Metadata lurks in every electronic document each of us creates and edits. Every computer application and platform we use also generates metadata. The consequences of human error are greatly magnified in the 21st century by the prevalence of electronic communication and the ability of anyone with a web browser to download – for only $0.08 per page – a copy of any document electronically filed in federal court. All attorneys and clients are susceptible to breach of confidentiality and malpractice traps. Learn how you can protect your clients – and your law firm or law department. Avoid the metadata fates that befell not only the Transportation Security Administration in December 2009 but also the U.N. Secretary General, the British Prime Minister, the Federal Trade Commission, the Social Security Administration, the U.S. District Court for the Northern District of California, the N.D. Cal. U.S. Attorney’s Office Criminal Division, the Democratic National Committee, LawMedia Group, SCO Group and a host of others.Attend this teleconference and you’ll learn from an expert how to do your best to eliminate the malpractice and ethical exposures arising from metadata in word processing, spreadsheet, presentation and PDF files. You’ll find out how to render your electronic documents metadata-free, when appropriate. You will also discover how to deal with opposing counsel’s and adverse parties’ metadata that has fallen into your lap, as well as the basics of potential discoverability in litigation of metadata in client-created electronic documents.This teleconference will not only cover the key legal, ethical and technology issues; but it will also consist in large part of real-time demonstrations of metadata cleaning and analysis software, proper use of tracked changes, and some do’s and don’ts of electronic redaction.This teleconference will be displayed for attendees via GoToWebinar’s interactive component, as to which Lorman will provide access and installation instructions in advance.GOTOWEBINAR is a registered trademark of Citrix Online, LLC and this event is not sponsored by or affiliated with Citrix Online.


Metadata Definitions and Basics

  • Overview – What Is It?
  • Categories
    • File System Data
    • Embedded (Document/Imbedded) Data, including Word’s Track Changes

Attorney Ethical Obligations Regarding Email Attachments

  • As Sender
  • As Recipient

What to Do to Mitigate Risks

  • Email Attachments
  • E-Filings and Other Disseminations
  • PDFs – Conversions, Acrobat Security Settings, etc.
  • Redactions – Do’s and Don’ts

Client-Created Files in eDiscovery

  • Preservation and Chain-of-Custody Obligations as to Collected Data
  • Discoverability of Native Versions of eDocuments With Metadata Intact

Inadvertent Privilege Waivers, Including Claw-Back Procedures and Fed. Rule of Evid. 502

Robert D. Brownstone, Esq., Fenwick & West LLP

Robert D. Brownstone, Esq.

  • Law and technology director at Fenwick & West LLP, a 300-attorney Silicon Valley based national law firm
  • Known as the Metadata Guru or the Lawyer and Technologist in One Brain
  • Advises clients on electronic discovery, information security, electronic information management, and retention and destruction policies and protocols
  • Nationwide speaker and writer on many law and technology issues, including metadata and electronic redaction
  • Teaches electronic discovery law at two Bay Area law schools
  • Frequently quoted in the press as an expert on electronic information
  • J.D. degree, magna cum laude, Brooklyn Law School
  • B.A. degree, Swarthmore College
  • Contact him at

Continuing Education Units

  • CLE (Please check the “Detailed Credit Information” page for states that have already been approved)
  • NALA
  • NFPA (Pending)
  • Paralegals
  • Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Detailed Credit Information

Additional credit may be available upon request. Please call 1-866-352-9540 for more information.
Only registered attendees will receive continuing education credit.

Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
Metadata Scrubbing and Mining: Legal, Ethical and Practical Implications

August 17, 2010

Non-Member Member
Live Teleconference: $199.00 $179.10
Live Teleconference + CD: $268.00
Best Value!
Best Value!
Can’t Attend the Live Teleconference?
CD/Manual Package Only: $179.10

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