Disclosure of Confidential Metadata

I’ve posted articles previously about the dangers of inadvertent disclosure of privileged or confidential materials through metadata, see, e.g., Native File Format and Metadata. Most people I’ve talked to haven’t really considered the ramifications. Practitioners take that approach at their own peril, however.  A recent post in Law Technology News covers recent cases regarding metadata and offers suggestions on what to do if you are confronted with possible disclosure of confidential metadata or you learn that confidential metadata has been disclosed.
 
Among the tips from Law Technology News: if you are the disclosing party, take reasonable precautions to erase confidential metadata at every stage of the pre-disclosure process to avoid a finding of waiver of privilege, and make timely objections and seek a protective order if you find that you’ve inadvertently disclosed confidential metadata. If you are the receiving party, refrain from mining produced electronic documents for confidential metadata even if the disclosing party fails to take the necessary precautions. If the electronic documents reveal confidential metadata, the receiving party should probably notify opposing counsel and cease reviewing the document. 
 
Some other articles on this topic that I’ve found to be very helpful:
Boris Reznikov , To Mine or Not to Mine: Recent Developments in the Legal Ethics Debate Regarding Metadata, 4 Shidler J. L. Com. & Tech. 13 (Spring, 2008)  (if you have a subscription to lexis.com, you can access this law review article here)
Susan Ardisson, J.D., Mining for Metadata: Ethical Considerations, 10 Lawyers J. 7 (Jan. 2008) (if you have a subscription to lexis.com, you can access this bar journal article here