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Albert Barsocchini
Jeffrey Judd
Partner ,
Howrey LLP
© 2009 Guidance Software, Inc. All Rights Reserved.
Agenda
S L I D E 2
Introduction of Panelists
Metadata: Overview and Context
Top 10 Best Practices for Handling Metadata Issues
Questions and Answers
Metadata:
Overview and Context
10. Before the litigation: Assess your document retention practices as they pertain to
metadata.
11. At the inception of litigation (or when you reasonably anticipate it): Impose a litigation
hold that preserves all potentially relevant ESI, including metadata (whether or not
you think metadata are likely to be discovery targets).
12. At the inception of litigation (or when you reasonably anticipate it): Discuss with your
client the kinds of metadata that are associated with potentially relevant ESI and
devise a protocol to propose to litigation adversaries.
13. Shortly after inception of litigation: Identify and enlist expert assistance to oversee
and be prepared to testify about the scope of your client’s ESI resources, and the
methods you used to preserve, collect, and produce ESI, including metadata.
14. At the Rule 26 meet-and-confer (or initial CMC): Disclose your client’s intentions
regarding ESI, including metadata specifically (both with respect to propounding and
responding to discovery).
15. During the litigation: If you think metadata might be relevant and/or useful to your
case, request it as early as possible.
JuddJ@howrey.com
albert.barsocchini@guidancesoftware.com