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In Columbia Pictures v. Brunnell , a magistrate judge found that certain information was discoverable, even though it had existed only temporarily in the computer's random access memory and even though the producing party was required to "turn on" a logging feature. But the case does not hold that ephemeral information must be routinely preserved when litigation can be anticipated; quite the contrary. The court noted the need for a specific request by the requesting party to preserve the information.
December 10, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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