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]

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]