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Experts Describe New Kinds of Storage Liability

NEW YORK -- CIOs will soon face a fresh crop of legal problems involving storage on RAM, USB drives, and even copier hard drives. This is the warning from experts at the LegalTech show here today.

"We have collectively accomplished an awful lot, [but] more remains to be done," said Thomas Allman, the former general counsel of BASF, during this morning's keynote.

The legal guru explained that up to now, firms have only touched on the more obvious storage aspects of e-discovery, such as retrieving information from backup tapes and legacy data. In the future, warns Allman, companies will face a new challenge posed by "temporary data."

"There's a whole new world coming," he said, in response to a question from the audience this morning. "I see a lot of cases coming down the road where we're all going to have to face up to how we deal with information that's ephemeral and temporary."

To illustrate his point, Allman highlighted a recent case involving Columbia Pictures, where data held on RAM was controversially ruled to be "discoverable," therefore subject to legal holds.

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