Monday, April 20, 2009

Guidance Software Unveils Top 10 eDiscovery Best Practices for Handling Metadata

Guidance Software Inc. (NASDAQ:GUID), the World Leader in Digital Investigations™, today announced the Top 10 eDiscovery Best Practices for Handling Metadata to help corporate counsel better understand the importance of metadata, how to preserve and maintain it, and the need to address it early on in litigation.

“This past year brought a great deal of attention to the subject of metadata, but many lawyers are unclear on what metadata is or how to handle metadata issues. This list provides suggested best practices from the very beginning of a litigation through production”

With the recent decisions such as
Aguilar v. Immigration & Customs Enforcement Division of the U.S. Dept of Homeland Security and Bray & Gillespie Management LLC, v. Lexington Insurance Company, the proper handling of metadata is becoming increasingly important. The metadata best practices listed below were compiled from industry experience, recent relevant cases, and a review of suggestions from the Sedona Principles and the Sedona Guidelines.

“This past year brought a great deal of attention to the subject of metadata, but many lawyers are unclear on what metadata is or how to handle metadata issues. This list provides suggested best practices from the very beginning of a litigation through production,” said Patrick Zeller, Vice President and Deputy General Counsel for Guidance Software.

Top 10 eDiscovery Best Practices for Handling Metadata:
1. Assess your document retention practices as they pertain to metadata.
2. Impose a
litigation hold that preserves all potentially relevant electronically stored information (ESI), including metadata (whether or not you think metadata is likely to be requested in discovery targets).
3. Discuss the kinds of metadata that are associated with potentially relevant ESI and devise a protocol to propose to litigation adversaries.

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Source: eon.businesswire.com

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