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Metadata Update: Views from Around the U.S.

By Evan Schaeffer

The ABA's Legal Technology Resource Center has published an article titled "Metadata Ethics Opinions Around the U.S." The jurisdictions included are--

• Alabama
• Arizona
• Colorado
• Florida
• Maine
• Maryland
• New Hampshire
• New York
• Pennsylvania
• Vermont
• Washington, D.C.
• West Virgina

Links to the source documents from the various jurisdictions are included, as is a link to the ABA's own opinions on the metadata issue. A chart answers the following questions for each jurisdiction:

• What is the sender's duty when transmitting metadata?
• May the recipient review or "mine" metadata?
• Must the recipient notify the sender if metadata is found?

Finally, a number of past posts I've done on the metadata issue can be found at the end of the post "New ABA Ethics Opinion on Metadata" at Legal Underground.

Full post as published by The Illinois Trial Practice Blog on October 15, 2009 (boomark / email).