Wednesday, September 26, 2007

Mining for Embedded Data: Is It Ethical?

David Hricik, Mining for Embedded Data: Is It Ethical to Take Intentional Advantage of Other People's Failures? 8 N.C. J.L. & Tech. 671 (2007). "This Article contends that transmission of embedded data should be at least presumptively inadvertent and that it is dishonest for a lawyer to actively look for embedded data."

Just to be sure: don't send opposing counsel documents that retain earlier draft language...

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