A court should limit cost shifting "only" to situations in which electronic data are "relatively inaccessible, such as in backup tapes
." (Emphasis in original.)
When the costs of backup tape
e-discovery are compared to the benefits of improving information retrieval, an archiving solution may actually be cost-effective, particularly when a records retention schedule is also implemented.
The new system has restored the system administrators' willingness to retrieve files from backup tapes
. Previously, they would have to search the backup software's log to locate the tape, then load the tape in the DAT device, and then go back, and find the file and restore it.
Two types were considered inaccessible because the data was not readily usable as stored: backup tapes
and erased, fragmented, or damaged data.
The StorServer solution cost about $40,000; that's balanced against savings in the form of various software licenses the district no longer needs, fewer backup tapes
because there's no redundancy, and time savings for personnel because the system is now automated.
(9) Evaluating sixty-eight e-mails from the sample production that the plaintiff had pinpointed as "highly relevant to the issues," the court concluded that the sample restoration sufficiently "demonstrated that Zubulake's discovery request was narrowly tailored," (10) while admitting that it was "speculative" that the backup tapes
contained the smoking-gun email that Zubulake sought.
The appeals court instructed the trial court to vacate its production order and allow further proceedings to examine whether and how the discovery cost to translate the backup tape
content to usable data should be divided.
* Make sure you have more than one copy of a backup tape
. Instead of using the same tape time after time, use multiple tapes, rotating through them.
The first two factors referred to the "marginal utility test," or how likely the backup tape
was to have pertinent material, and whether such material might be available from other sources.
Hard disk failures can be catastrophic; they can necessitate three days of downtime while a replacement drive arrives and is installed, and a backup tape
restores the data.
For quick restore of individual files, Replica makes it possible to use Windows(R) Explorer to drag-and-drop files from the backup tape
to the server's hard drive.