X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In addressing the discovery of information stored on backup tapes, courts make an implicit and critical distinction between “disaster recovery” backup tapes and backup tapes that are used to archive information. Many courts have concluded that the former are not reasonably accessible and thus require a finding of good cause under Federal Rule of Civil Procedure 26(b)(2)(B) before permitting discovery to proceed but that the latter are presumptively subject to discovery. Despite the number of decisions addressing backup tapes, there is an unsettling paucity of guidance from the courts on what actually constitutes a “disaster recovery” backup tape as distinguished from an information archival tape. Companies therefore are unable to make educated information technology and legal decisions.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.