It is surprising how few reported New York decisions there are concerning disputes over the production of electronic “metadata.”1 For those attorneys not familiar with the term, Aguilar v. Immigration & Customs Enforcement Div.2 defines
[m]etadata, frequently referred to as “data about data, “[a]s electronically-stored evidence that describes the “history, tracking, or management of an electronic document.” Id. at 646. It includes the “hidden text, formatting codes, formulae, and other information associated” with an electronic document. (citation omitted) see also Autotech Techs. Ltd. P’Ship v. AutomationDirect.com, Inc., 248 F.R.D. 556, 557 n.1 (N.D. Ill. 2008) (Metadata includes “all of the contextual, processing, and use information needed to identify and certify the scope, authenticity, and integrity of active or archival electronic information or records”). Although metadata often is lumped into one generic category, there are at least several distinct types, including substantive (or application) metadata, system metadata, and embedded metadata. Sedona Principles 2d Cmt. 12a.
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