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Vol. 6 No. 12 February 2008

Storage feels heat from FRCP rules

The scope and focus of legal requests for electronically stored information (ESI) were changed profoundly with the December 2006 revisions to the Federal Rules of Civil Procedure (FRCP). IT teams are now under increasing pressure to maintain a data destruction policy that's applied in good faith and regularly, and prior to any request for information. (A data destruction policy applied after an inquiry from corporate counsel looks more than suspicious.) For example, Rule 26 (Duty to Disclose) addresses pre-trial discovery agreements made by two opposing counsels. Prior to the first court conference, opposing parties must meet to determine the number and type of ESI requests that will be made and met. Mark Foley, an attorney and partner at Foley & Lardner LLP who specializes in IT litigation, says those agreements and the resulting "litigation holds" have a direct impact on IT teams and their processes. "You sue me and ask for a broad list of documents and data,'' explains Foley. "I object, arguing that certain things you've ...

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Features in this issue

  • Users still wary about LTO-4 encryption

  • Snapshot: Data protection SLAs on the upswing

  • More Than Just Backup

    Data protection is changing rapidly, with point-in-time recoveries, fast legal discovery response and near real-time disaster recoveries becoming new requirements. To address these needs, enterprise backup applications are adding support for continuous data protection, deduplication, ediscovery, single-instance storage and the VMware Consolidated Backup framework. These backup suites promise not only integrated data protection, but overall enterprise data management.

Columns in this issue