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ARTICLE · 15 JULY 2015

Preservation By Backup Tape – Your First Five Questions . . .

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Backup tapes taken out or rotation are the gift that keeps on giving for a company that is regularly involved in litigation or government investigations.

United StatesLitigation, Mediation & Arbitration
Gilbert Keteltas
Gilbert Keteltas
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This is the inaugural post in Discovery Advocate's new series, "Your First Five Questions," in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you might ask and why. Have a scenario you'd like us to address? Contact us.

Your new client, a Fortune 500 company with a significant litigation portfolio, has suggested that the easiest way to comply with legal hold obligations for 100 custodians potentially at issue in a new false advertising class action is to remove a set of disaster recovery backup tapes from rotation. What are your first five questions?

1. Are you aware that taking a set of backup tapes out of rotation will create an additional repository of potentially relevant information for all lawsuits filed between now and the time this matter is resolved?

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