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Focus (Forum & Focus)

Sep. 1, 2007

New E-Discovery Rules Could Unduly Burden Business, Threaten Privacy

Forum Column - By Corynne McSherry - A ruling out of California's Central District has burdened digital technologies with more expansive rules of discovery than any comparable medium.

FORUM COLUMN

By Corynne McSherry

      Just how broad is the scope of "e-discovery" under the recently revised federal discovery rules? According to one district court in Los Angeles, perhaps a lot broader than most lawyers had dreamed. This week, District Judge Florence Marie Cooper held "that data stored in RAM [random access memory], however temporarily, is electronically stored information subject to discovery." This ruling coul...

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