Backup Tapes Can Help Your Case
As part of that plan, IT departments should test and validate that the backups are in fact backing up data and is able to be restored. Most companies assume that once the backup is running everything will be safe. However, not many IT departments routinely check the error logs to discover problems. And only when a disaster occurs do they realized that the scheduled backups have not been collecting all of the data.
From an IT point of view, the above is one of the hurdles they deal with on a daily basis. From a legal point of view, those backup tapes are even more valuable. Those tapes represent a snapshot in time for that company.
In a recent case, AAB Joint Venture v. United States, 2007 WL 646157 (Fed. Cl. Feb. 28, 2007), the court heard an argument regarding the a period of time (data) for which that data was not available. The defendant claimed that it had provided all e-mails related to the case. However, the court was not persuaded by defendant's arguments, and agreed that defendant's overall production of emails had been far from adequate. The court also said that, while cost was an issue for the court to consider in addressing a motion to compel, it was not the only consideration. The court continued with the following statement:
Here, because the Court finds that defendant had a duty to preserve evidence, as set forth below, the Court cannot relieve Defendant of its duty to produce those documents merely because Defendant has chosen a means to preserve the evidence which makes ultimate production of relevant documents expensive. Accordingly, the Court concludes that Defendant has not adequately responded to Plaintiff's requests for production of electronic documents and that supplementation of its response to Plaintiff's requests is necessary.
As the field of Computer Forensics and E-Discovery becomes more mainstream in litigation, more companies may find they need to take a look at what exactly is in the disaster recovery plan for both data loss and litigation.
Related Tags: e-mail, data recovery, cyber crime, computer forensics, e-discovery, dlt, back-up tapes, data base
Jason Perry
Computer Forensics Associates is available to evaluate your situation. For more information on Computer Forensics Associates service, visit http://www.computerforensicsassociates.com
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- Troubling New"spam" to Cell Phones Discovered
Troubling new"Spam" to Cell Phones Discovered In a day and age when spam is rampant on the interne - Sex Offenders - Keep Your Family Protected From Sex Offenders
As a parent, it is your responsibility to protect your family from any type of harm. Most especiall - Criminal Defense Attorney
You've seen them on TV in their black coats; the formidable forces of law, the strong and intense - Critical Analysis of Cyber Law
Critical Analysis of Information Technology Act, 2000 Till year 2000, India did not have any legis - Finding a Good Lawyer Referral
Perform An Online Attorney Search When You Need To lawyer referralHere is a common scenario: You ar - Usa Can Copy All You Have on Your Laptop
USA can copy all you have on your Laptop.American authorities has given airport security control mor - Best And Top New York Immigration Lawyer Of NY?
The term Immigration Lawyer is another very common term people are becoming aware of. But most of th - Domain Name Theft
Are you losing visitors to your domain? Are your search engine rankings still yours?Other people mi - Domain Name Dispute, What To Expect after You've Won
You file a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name. - Is Your Spouse Lying?
You may have noticed some unusual behavior from your significant other such as spending a lot of tim
Most viewed articles in this category:
- Malaysian Internet Marketer; The Constraints On Internet Transaction
The Problems;There is always an obstacle for everyone when dealing with internet transaction, Malays - A New Music Copyright Lawsuit Against YouTube
In the middle of November, Universal Music filed an extensive copyright lawsuit against YouTube, not - Protecting your Website's Content: Just Don't Bother
The internet is the best place if you want to steal content. It makes it really easy to copy any inf - Viacom Sues Google
Viacom, a media company, has recently sued Google for $1 billion, for the copyright infringement on - How To Use Metadata As An Examination Tool
In today's computer dependent world, the zealous advocate must be able to navigate his way through - Are We Able to Completely Stop Software Piracy
Software piracy is the illegal reproduction and distribution of software applications, whether for b - A Short Synopsis Of Cybercrime
To many involved in criminal dense, cyber crime is the bane of the 21st Century. It accounts for mi - Internet Law in 2007
As we start off the 2007 year, many in the web community probably have questions about what developm - Defamation and Slander on the Internet
As social networking sites and internet blogs continue to increase in both popularity and use, the o - Anti-Cyber Squatting Consumer Protection Act Update
Our law firm receives a lot of calls from people and companies who are being threatened with an Anti