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There has been a bit of debate (okay, a LOT of debate) over what makes backup tapes truly “inaccessible”. The California Assembly is on the verge of making that discussion moot. From Law.com, this article agrees with their proposed new rule of evidence that it’s no longer necessary to consider backup data is presumptively inaccessible: Zubulake’s bright-line test [...] What if I were to tell you that you had to spend $6 million — nine percent of your annual operating budget — to comply with an e-discovery subpoena? And what if you were a non-party to that particular dispute? The D.C. Circuit has upheld just such a cost in In re Fannie Mae Securities Litigation, [...] |
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