In what I’m convinced will be the norm, Alabama just joined a growing number of state opinions finding that mining metadata (outside the context of discovery) is dishonest. The opinion is here. I’ve got an article about to come out in the North Carolina Journal of Law and Technology that examines why, I believe, the ABA got this entirely wrong in concluding that it’s perfectly fine for a lawyer to take intentional steps to look for confidential information of an opposing lawyer that he knows shouldn’t be there…

David Hricik
Mercer Law School