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Employment of the seven-factor test will likely reduce the frequency of shing expedition electronic discovery requests since the costs of such endeavors are more likely to be shifted to the requesting party However, before the court can apply the test, it must have a factual basis on which to opine In determining that basis, the court may consider, as in Zubulake, sampling a subset of the available universe of electronic data or other measures intended to determine the probative value of the requested materials and the likely costs of comprehensive retrieval, review, and production16 Zubulake further points out that inaccessible data (ie, backup tapes) can be quite expensive to restore, but once restored should be considered as readily accessible as any other data Consequently, Zubulake also establishes a new rule: vb.net pdf417 pdf417 generator vb . net - Barcode SDK
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NET PDF 417 Generator, encoding and drawing PDF 417 images on VB . ... PDF417 , also named as Portable Data File 417, PDF 417 & PDF417 Truncated, is a ... Thus, under Zubulake, cost shifting is generally not appropriate where the responding party has ready access to information in databases, e-mail systems, or other on-line electronic storage mechanisms And post-Zubulake, accessible data presumably includes e-mails and other les restored from less accessible media such as backup tape, even when such restoration was conducted for purposes of e-discovery in another litigation matter Since Judge Scheindlin is considered knowledgeable in the area, and is from the in uential Southern District of New York, Zubulake is likely to in uence other courts18 This will also have a signi cant impact on the electronic discovery marketplace, making the subject of this chapter all the more topical Since there is no end in sight to the need for electronic discovery services, there will likely be a continued push for better, faster, and cheaper19 electronic discovery tools and a need for best practices standards 12 See Zubulake I, 2003 WL 21087884, at *12 ( A court should consider cost-shifting only when electronic data is relatively inaccessible, such as in back-up tapes ) 13 See Zubulake I, 2003 WL 21087884, at *7 ( Courts must remember that cost-shifting may effectively end discovery, especially when private parties are engaged in litigation with large corporations As large companies increasingly move to entirely paper-free environments, the frequent use of cost-shifting will have the effect of crippling discovery in discrimination and retaliation cases This will both undermine the strong public policy favoring resolving disputes on their merits, and may ultimately deter the ling of potentially meritorious claims ) 14 205 FRD 421, 429 (SDNY), aff d 2002 WL 975713 (SDNY May 9, 2002) 15 202 FRD 31, 34 (DDC 2001) 16 See Zubulake I, Id at *13 17 Zubulake v UBS Warburg LLC, 2003 US Dist LEXIS 12643 (SDNY July 24, 2003), at 26 18 Indeed, a recent Federal District Court opinion from the Northern District of California, ( Open TV vs Liberate Technologies, C 02 0655 JSW (MEJ), decided November 18, 2003) adopted and applied the Zubulake seven-factor test to determine if cost shifting should be applied to a request for production of computer source code stored in electronic form 19 See Section 4810 and his partner, to teach the therapeutic processes, and to provide adequate follow-up Although success rates in the short term from 60% to almost 100% have been reported [11,69], the methodology and design of these studies have been weak and fail to meet the criteria of evidence-based research In addition, long-term maintenance of ejaculatory control induced by these treatment has shown to be very low [70] 48 6 Test the movie and play some music! barcode pdf417 vb.net PDF-417 VB . NET Generator| Using free VB . NET sample to create ...
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