Tom O’Connor, well known attorney and forensic expert, recently authored an article for the National Law Journal concerning tape discovery. In this article, Searching Through Backup Tapes? No Sweat!, O’Connor points out that while tapes have been around for decades with little change, how evidence is being accessed from them has changed dramatically.
This article highlights that discovery technologies such as Index Engines have made the arguments surrounding tape discovery mute. The approach suggested in O’Connor’s article is to produce tape data as a normal part of eDiscovery, and meanwhile be sure to implement a strong retention policy. By being smart about what data is kept, and then proactively indexing the saved data, companies will save both time and money down the road.