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Washington Journal of Law, Technology & Arts

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Evaluating Columbia Pictures Industries V. Bunnell And The Role Of Ram Under The Federal Rules Of Civil Procedure On E-Discovery, Loren M. Hall Apr 2009

Evaluating Columbia Pictures Industries V. Bunnell And The Role Of Ram Under The Federal Rules Of Civil Procedure On E-Discovery, Loren M. Hall

Washington Journal of Law, Technology & Arts

In 2007, the District Court for the Central District of California required the preservation of data stored in random access memory (RAM), which sparked significant commentary about the rapidly expanding realm of electronically-stored discoverable information. This Article addresses the impact of Columbia Pictures Industries v. Bunnell in the context of the duty to preserve and produce documents, and the scope of information that can be subject to e-discovery obligations. This Article also describes how the 2006 amendments to the Federal Rules of Civil Procedure provide a necessary limitation—reasonableness—on the costly and unrealistic preservation, and subsequent production, of electronic information. Furthermore, …