Archive: October 30, 2009

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Supreme Court of Arizona holds Metadata is Subject to Public Records Requests
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Sedona Continues Call for Cooperation

Supreme Court of Arizona holds Metadata is Subject to Public Records Requests

Lake v. City of Phoenix, 222 Ariz. 547, 218 P.3d 1004 (2009)

In an en banc opinion, the Supreme Court of Arizona vacated (in part) an opinion from the Court of Appeals and held that “if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.”  [Emphasis added.]

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Sedona Continues Call for Cooperation

By Jennifer H. Rearden and Farrah Pepper
New York Law Journal
October 29, 2009

It turns out that Jean-Paul Sartre’s famous pronouncement that "hell is other people" was overly broad.  Other people per se are not the problem, but rather other lawyers — and uncooperative ones at that.  A federal judge in the late 1980s confirmed as much, as a recent e-discovery opinion reminds us:  "If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes."[FOOTNOTE 1]

To read the full article, posted at Law.com, click here.

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