Deciphering Zubulake

Deciphering Zubulake

May 23, 2015

The basic outline established by the famous decision in Zubulake v. UBS Warburg, provided that a producing party must bear the cost of producing online data, near-line data (such as that on optical discs), and data from offline storage, such as that on magnetic tapes.   The requesting partry only pays if data is recovered from back-up tapes or fragmented data in file slack.   But what's the difference between magnetic tapes and back-up tapes?   According to Zubulake IV, tapes are accessible when they are used for regularly for information retrieval, but only fall in the back-up category when they are maintained strictly for disaster recovery.  There is an exception if a company can locate documents for a particular employee on the tapes used for disaster recovery - then the data is deemed accessible and cost does not shift.   

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