metadata – Bow Tie Law

Production of System Metadata

June 27, 2015 Josh Gilliland Good Cause

A New York state judge confronted the issue of producing system metadata in a medical malpractice case where the plaintiff had to have a foot amputated due to post surgical complications. Vargas v Lee (Sup.Ct.) 2015 NY Slip Op 31048(U), ¶¶ 3-5. The case is direct and thoughtful on the[…]

Why Fight Over Producing Metadata?

April 20, 2015 Josh Gilliland Request for Production

A party fighting over not producing metadata is like bringing a protective order to produce a document without ink on the paper. Metadata is part of the native file. The “Data about Data” is captured during collection and processed for production. An active effort would have to be made to[…]

Tortious Spoliation of Metadata Claim Defeats Motion to Dismiss

June 10, 2014 Josh Gilliland e-Discovery, Spoliation

A Plaintiff brought a motion for tortious spoliation of evidence for the alleged destruction of a native file report after the duty to preserve triggered. The Defendants produced the written report, but the native file and its metadata were gone. Raines v. College Now Greater Cleveland, Inc., 2014 U.S. Dist. LEXIS[…]