Barry Klayman and Mark Felger, both members of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring practice group, discuss the showing of particularized need required to compel the production of metadata in The Delaware Business Court Insider. Metadata is information about data hidden within electronic document files. They discuss how the plaintiffs in a recent Delaware case, Delaware Acceptance v. Estate of Metzner, made the necessary showing to compel the discovery of metadata. What makes this case interesting is that, “The metadata that was requested was in the hands of a third party, the defendants’ former law firm, and not a party to the case.”
To read the full article, click here.