Thursday, May 17, 2007

Too Search the Metadata or Not to Search...

"I will not forgive you,
Nor will I accept the blame.
I will see you on Good Friday,
On good Friday"

Good Friday
Black Crowes

Last week, I let loose with both barrels on a recent ethics opinion from the Alabama Bar's general counsel about the ethical care and feeding of metadata. Having skewered one of my favorite states that I have yet to visit, it is time to turn the guns on the state of New York, serving as the spawn of this misguided opinion. However, rather than sit back and fire off a binary-fueled rant, I am taking this complaint straight to the heart of the source.

As luck would have it, the New York County Lawyers Association is sponsoring a landmark CLE panel presentation entitled Bankruptcy Cases and E-Discovery: How to Adequately Address E-Discovery While Protecting Privileges, which will cover ethical care and feeding of metadata, proposed evidentiary Rule 502, 707 issues, as well as recent case law that has thus far flown beneath the radar. Jack Seward, having previously identified me as being strong of back but weak of mind, was kind enough to ask me to attend the June 4 presentation as a panelist, and has tacked the NY, Alabama and Florida ethics opinions regarding metadata to his cerebral dart board.
The panel will be moderated by Todd Duffy of Duffy & Amedeo LLP; and by Bruce Weiner of Rosenberg, Musso & Weiner. The panel will include Hon. Ronald J Hedges, Former US Magistrate (now with Nixon Peabody); Hon. Andrew J. Peck who authored the recent In re NTL opinion relating to the proper care and feeding of ESI, US Magistrate, SDNY; Mark Foley of Foley & Lardner; and Jack Seward. I have had the disappointment and misfortune of attending CLE's that purported to relate to Bankruptcy ESI issues, that had no more to do with bankruptcy than I had to do with the incarceration of Paris Hilton. Since I have the insider's "sneak peek" at the conference materials, I know for a fact that this presentation is NOT to be missed by anyone who intends to practice bankruptcy over the course of the next 20 years or so...

See you in New York. GO 'BAMA!

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