Ethics

Minnesota recently added its voice to the mix (here), concluding that lawyers generally should have the discretion to engage in metadata mining.  My sense is that there is now a trend in this direction, which seems like a good development to me.  Nevertheless, there is still plenty of disagreement among bar authorities and scholars.

For a nice overview of the current state of the law, check out this useful chart from the ABA.  It compares the various approaches to the issue, though it does not yet reflect the recently released Minnesota opinion.