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Practice Tip: The Dilemma of Backup Tapes in Mass Tort Litigation

Parties involved in litigation have an obligation to preserve relevant information in existence at the time the duty to preserve attaches and must preserve relevant information created thereafter. <i>Zubulake v. UBS Warburg LLC</i>, 220 F.R.D. 212, 218 (S.D.N.Y. 2003) (<i>Zubulake IV</i>). Developing a comprehensive preservation plan to meet these obligations is both critical and difficult. The analysis of whether particular data need to be preserved involves murky, and often contradictory, legal standards.

22 minute read April 26, 2007 at 02:31 PM
By
Philip N. Yannella
Practice Tip: The Dilemma of Backup Tapes in Mass Tort Litigation

Parties involved in litigation have an obligation to preserve relevant information in existence at the time the duty to preserve attaches and must preserve relevant information created thereafter. Zubulake v.

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