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Technology: Your company’s legal hold obligations may not be a Dr. Seuss story

Judge Shira Scheindlin's Zubulake decision still allows exceptions that may swallow the "general rule"

What do Dr. Seuss and legal hold obligations regarding backup tapes have in common? Quite a lot, it turns out.

Dr. Seuss’s Did I Ever Tell You How Lucky You Are? describes a number of people we should be thankful we’re not, one of whom is a bee-watcher watcher. Because a bee that is watched will work harder, a town decided to have a bee watcher watch a lazy bee. But the bee did not end up working much harder, so the townsfolk figured that the bee-watcher wasn’t watching as well as he could. So, they assigned someone else to watch the bee-watcher. And then a watcher to watch the bee-watcher watcher. And so on, until all the townsfolk were watching the watchers.

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Gareth Evans

Gareth Evans is a partner at Gibson Dunn. His practice focuses on complex litigation, including information technology, data privacy and e-discovery.

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