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Attorney Ethics and the Use of “Metadata” in Litigation and Transactional Practice (Teleseminar)
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Attorney Ethics and the Use of “Metadata” in Litigation and Transactional Practice (Teleseminar)

1 CLE hour, including 1 Ethics Hour

When: 11/26/2014
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Attorney Ethics and the Use of “Metadata” in Litigation and Transactional Practice - 1 CLE hour, including 1 Ethics hour

Virtually every file – word processing documents, email, spreadsheets, online messages – attorneys, their clients or adversaries create or transmit electronically contains “metadata.”  Metadata is precise information about when the file and by whom it was created and, crucially, how it was modified. This information can reveal extremely sensitive information about a client’s or an adversary’s case, including how an attorney views the true merits of a case, shifts in strategy, or otherwise unknown facts.  Discovering this information in an adversary’s documents and/or not being aware of or destroying the same information in an attorney’s own client’s documents raises substantial ethical and practical issues. This program will provide you a real world guide to the substantial ethical issues in discovering, using and destroying metadata in client and adversary files.

Ethics issues in discovering, using, and destroying “metadata” in electronic files and email
What is metadata – how it is created and found and potentially destroyed 
Propriety of looking for metadata in an adversary’s files – differing ethical views
Inadvertent discovery of metadata – and the duty of notification 
Ethics of using metadata after it has been found
Ethical issues related to locating and destroying – or preserving – metadata in your client’s files
Ethics and working with e-discovery vendors


Michael E. Lackey
is a partner in the Washington, D.C. office of Mayer Brown, LLP, where is head of the firm’s global litigation practice.  He has an extensive litigation practice representing companies and individuals in federal court and has developed a specialty in advising clients on a wide range of e-discovery issues. He is an advisory board member of the Georgetown University Law Center Advanced E-Discovery Institute and serves as an Adjunct Professor of Law at George Washington University Law School.  Before entering private practice, he served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit.  Mr. Lackey received his B.S. from the Massachusetts Institute of Technology and his J.D. from the George Washington University Law School.

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