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Rabiej on Preserving & Searching Stored Information on a Computer

Data in RAM is impermanent and may exist for less than a second. The court in Columbia Pictures Indus. v. Bunnell ordered the defendant to preserve certain data in RAM, which was crucial to the plaintiff's copyright infringement claims. John Rabiej, Chief of the Rules Committee Support Office that...

Rabiej on Native File Format and Metadata

The 2006 amendments to the Federal Rules of Civil Procedure answered many questions about the discovery of electronically stored information (ESI), but they left to case law development issues arising from the discovery and production of ESI in native file format with original metadata intact. This commentary...

W. Lawrence Wescott II on Accessibility of and Cost-Shifting for Electronic Data

In the first of the landmark Zubulake opinions, Judge Shira Scheindlin established frameworks for determining accessibility of electronic documents and how the costs of retrieving "inaccessible" documents could be shared. In the third Zubulake opinion, the results of the cost-shifting analysis...