In the world of digital documentation, metadata often serves as the invisible backbone, providing critical context about a file’s creation, usage, and modifications. Despite its unobtrusive presence, analysis of metadata in document review plays a crucial role, especially in legal proceedings, investigations, and regulatory compliance. By delving into metadata, organizations and legal teams can uncover hidden details that might otherwise go unnoticed.
What Is Metadata?
Metadata is the information embedded in a file that describes its attributes, history, and usage. Common types of metadata include:
- File properties: Details like file name, size, creation date, modification date, and format.
- Authorship: Information about the person who created or last edited the document.
- Tracking changes: Records of edits, comments, and version histories.
- Access details: Information about who accessed the file, when, and from where.
For example, an email contains metadata such as the sender, recipient, timestamps, and server routes, all of which can provide insights even if the email’s content is unavailable.
The Role of Metadata in Document Review
1. Litigation Support
Metadata often serves as a critical piece of evidence in legal proceedings. For example, in eDiscovery, metadata can:
- Authenticate documents: Metadata can confirm whether a document is in its original form or has been tampered with.
- Establish timelines: Timestamp data helps construct timelines of events, which is crucial when determining the sequence of actions in a case.
- Reveal hidden edits: Version history and tracked changes can expose alterations or identify the individuals involved in those changes.
A fraud investigation might reveal, through metadata, that a contract was backdated, which could significantly impact the case’s outcome.
2. Regulatory Compliance
Privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) emphasize the need for organizations to track and manage personal data responsibly. Metadata aids compliance by:
- Identifying data origins, access logs, and sharing histories.
- Ensuring that personal data is handled according to regulatory requirements.
- Supporting data deletion requests by locating all copies of a particular file or record.
3. Corporate Investigations
Metadata analysis can help uncover irregularities or patterns in internal investigations, such as:
- Email trails: Metadata in emails can reveal patterns of communication, such as the frequency and timing of exchanges.
- Access anomalies: Logs showing unauthorized access to sensitive documents can indicate potential breaches or misconduct.
Examples of Metadata in Action
- Attorney-client privilege and/or work product: Metadata can help to validate that a document is attorney work product or was viewed or edited by company counsel.
- Employment disputes: Metadata can validate whether certain actions, like sending an email or editing a document, occurred during working hours.
- Intellectual property cases: Metadata timestamps can verify who created a file first, helping to resolve ownership disputes.
- Compliance audits: Metadata can track how and when sensitive data was shared externally, ensuring adherence to privacy laws.
Metadata in document review is a vital component, yet often overlooked, aspect of document review. Its ability to provide context, validate authenticity, and reveal hidden insights makes it an indispensable tool in litigation, investigations, and compliance efforts. As the volume of digital information grows, so does the importance of understanding and utilizing metadata effectively. Organizations that invest in robust metadata analysis practices are better equipped to navigate the complexities of today’s digital and regulatory landscapes, ensuring both compliance and operational integrity. For document review support, contact Baer Reed today.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.