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Deciphering Zubulake


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.


 
 

Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

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