What electronically stored information is out there beyond just obtaining a printed copy of an e-mail in discovery? A myriad. And the New York courts have recently addressed other sources of electronically stored information, the form of how such materials should be produced, and issues concerning their authentication.

Much has been discussed in the legal press concerning an e-mail’s “metadata” and one recent unreported New York County commercial division decision has addressed the production of “metadata” information. See Buck Consultants, LLC v. Cavanaugh MacDonald Consulting, LLC. [FOOTNOTE 1] In another unreported commercial division decision, a Nassau County court addressed the form in which electronic documents should be produced in litigation, including metadata information. See Delta Fin. Corp. v. Morrison. [FOOTNOTE 2] Also recently, in an unreported commercial division case, a New York County court ordered the production of “instant messages.” See Blue Star Jets LLC v. Halcyon Jets LLC. [FOOTNOTE 3]

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