In your Litigation Response Plan, you should address backups, archives, and legacy systems. Litigation always involves historical events. Litigation never deals with what happens today or tomorrow. So sometimes, we have to go back and look at backup systems, archive data, and legacy systems because that is when circumstances involved in the litigation occurred.

The Litigation Response Plan should inventory all backups and archives at all locations, onsite and remote, and number and types of backups at your company. Also, what type of backup system do you use?  It may be a combination of full backups, incremental backups, or differential backups. Include the backup methods and procedures and strategies in your Litigation Response Plan. You should also include your backup intervals and rotation schedules, and other documentation.

This will help you be more efficient enforcing retention polices, collecting information for discovery, and establishing the “ordinary course of business” pursuant to the Federal Rules of Civil Procedure.

Legal Technology Group

Phone: (503) 200-2936

Email: info@LitigationResponsePlan.com