标题:Backup Tapes, You Can’t Live With Them And You Can’t Toss Them: Strategies For Dealing With The Litigation Burdens Associated With Backup Tapes Under The Amended Federal Rules Of Civil Procedure
摘要:The law in the federal courts governing whether litigants must disclose their backup tapes just changed. Faced with the cost, burdens and uncertainties of mining backup tapes, as well as other sources of data that are difficult to reach, most litigants have simply been ignoring their backup tapes. No more. The amendments to the Federal Rules of Civil Procedure adopt a new standard that embraces the Zubulake I distinction between “accessible” and “inaccessible” data, and requires the disclosing party to identify all its sources of data.
关键词:Zubulake; Federal Rules of Civil Procedure; electronically-stored information; ESI; Rowe Entertainment Inc. v. William Morris Agency; Personal Store; PST; Concord Boat Corp. v. Brunswick Corp; McPeek v. Ashcroft; Department of Justice; DOJ; Hagemeyer North America Inc. v. Gateway Data Science Corporation