Nothing to Hide: Why Metadata Should Be Presumed Relevant

The amount of information being produced electronically is large and continues to grow. In fact, “[n]inety-two percent of new information is stored on [electronic] media.” Individuals and businesses are also increasingly relying on electronic modes of communication. As the prevalence of electronic documents increases, it is likely that “the only record companies have of their business decisions, results, and strategies are maintained in electronic form.” In fact, a majority of corporate records are stored electronically. These electronic documents, because they contain metadata—“‘information describing the history, tracking, or management of an electronic document’”—are “of more value in the discovery process” than their paper counterparts.