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pablo (70)

By Gil Keteltas

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?

Given that significant litigation can take years to play out, the off-line set of backup tapes could become a source of potentially relevant and unique information in other litigation filed during the life of the class action (in addition to active custodian information). When the false advertising class action is finally resolved, legal hold obligations from other matters may preclude destruction of the tapes. And if the practice of taking tapes out of rotation is followed in other matters, data will accumulate and increase the risk, cost, and complexity of discovery in other matters.

 

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