The Law Firm of Pozzuolo Rodden P.C. Releases the Article "Employers Beware-Protection of Electronically Stored Information in the new Technological Age"

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The Law Firm of Pozzuolo Rodden P.C. releases the above titled article discussing legal parties' ability to access the other party's emails, instant messages, websites, browsing history, and other electronic information for pre-trial discovery.

The Law Firm of Pozzuolo Rodden, P.C. has released the article of "Employers Beware - Protection of Electronically Stored Information in the New Technological Age." Below is a sample of the analysis of the topic question. If interested in reading more, please read the entire article and any other articles at

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Pre-Trial Litigation Discovery of Electronically Stored Information

Similar to how many employees may place themselves in unintended jeopardy from their reckless use of Facebook, Twitter, and other social media sites, employers should take heed to watch what their employees, voluntarily, transfer electronically. It is important for employers to take certain steps to protect themselves from highly sensitive, confidential and/or embarrassing information unintentionally ending up in the hands of a counterparty or competitor.

ESI and Metadata

Courts have historically allowed and required the handing over of tangible paper files with respect to litigation discovery (a formal pre-trial judicial proceeding of gathering information about a counterparty). However, today as data retention has evolved from a paper-oriented process to one that is dependent on computers, electronically stored information (“ESI”) is now allowable pre-trial litigation discovery. ESI is expansive and includes all electronic data such as email, digital voicemails, instant message conversations (Gchat, AIM, etc…), websites, browsing history, word documents, etc. including a subset of information called metadata which is “date about data." Metadata loosely defined is information used to catalogue the content and context of information similar to a card catalogue in a library; however, it is more extensive and describes the characteristics, origins, usage and validating of other electronic evidence. It sheds light on the origins, context, authenticity, reliability and distribution of electronic evidence, as well as providing clues to human behavior. It is the electronic equivalent of DNA, ballistics and fingerprint evidence, with a comparable power to exonerate and incriminate. Metadata is discoverable evidence that employers are obligated to preserve and produce. More importantly, because metadata is the most fragile electronic evidence around, it is a short trip from mishandled metadata to spoliation sanctions.

If interested in reading further please see the full article of "Employers Beware-Protection of Electronically Stored Information in the New Technological Age" at

Pozzuolo Rodden, P.C. provides specialized cost-effective legal services to privately held business owners and high-net-worth clients in Pennsylvania and New Jersey in excess of 35 years.

Practice Areas:

Business planning and transaction, complex business litigation, commercial real estate and development, construction law and litigation, advanced estate planning and administration, tax and pension law, high profile and intricate family litigation, and employment law and litigation.

Pozzuolo Rodden, P.C.
Counselors at Law
2033 Walnut Street
Philadelphia, PA 19103

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Joseph R. Pozzuolo, J.D., B.B.A.
Pozzulo Rodden, PC
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