Melissa:   Others have provided you very good information regarding back-up
tapes and legal holds and issues with back-up vs. archives, etc.   One thing
that I have found in my experience is that the attorneys, either general
counsel, legal department, or outside counsel often do not understand the
complexities of back-up tapes, rotation, etc.    Many do not know/understand
about legal hold procedures that are incorporated into the records
management program.    Once the policy is explained, there is a better
understanding of the methodology and the legal hold can be attached to
pertinent records, not everything.  This is why it is important to work with
the legal department to develop the legal hold procedure.  If your company
does not have a legal hold procedure, I would recommend that one be
developed as soon as possible. 

 

Rae Cogar, Esq.

Cohasset Associates, Inc.

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716-646-6192


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