I just read an interesting article forwarded to me by our Executive Assistant to the General Counsel (my boss), which talks about a movement by attorneys to use backup tapes as a source for eDiscovery/ESI.  Now, I'm not a lawyer nor do I play one on tv, but this article does make a compelling case.

Leverage secure copies of all corporate records that exist on backup tapes.
This article, featured in New Jersey Law Journal's July 2010 issue, explores the use of backup tapes as the source for legal discovery. Data on tapes is untamperable, and therefore a sure source of all data and email relating to litigation. Direct tape indexing technology has made discovery of data from backup tapes as comprehensive as methods exploring live servers - and even more secure.

Here are some highlights:

-       Avoiding spoliation of key data presents attorneys with a challenging task - even after legal hold notification

-       ESI on backup tape is complete and cannot be tampered with

-       Direct tape indexing makes backup data discoverable

-       Using tapes as legal hold is more secure, and often more cost effective

Here's the URL for the full article: http://www.indexengines.com/download/NJLJ_Proven_Methods_Prevent_Spoliation.pdf

Thanks.
Earl

Pipeline Records and Information Management Excellence... Get PRIMEd!
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Earl Johnson, Jr., CRM  |  Corporate Records Manager
Colonial Pipeline Company  |  1185 Sanctuary Parkway, Suite 100, Alpharetta, GA 30009
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