RAM Data Dilemma

Can you imagine drafting a litigation hold letter for your opponents RAM data? What do you think you will see? Compare opening a garage door on a windy spring day after a long, hard winter.

Columbia pictures hopes to get an eye view of alleged copyright violations stored in random access memory (RAM) and served up to TorrentSpy users on demand. Toward that end, Magistrate Judge Jacqueline Chooljian ordered TorrentSpy to turn over customer data kept in RAM. The order put In-House Counsel on the defensive, wondering just how much of this RAM they had and just how were they going to sift through it for privileged data. But the order is more the exception than the rule. The worst case scenario might occur where RAM data contained business records that a company had an obligation to preserve and it was a fact that the same data could not be had from another medium.