Zubulake 's Inaccessible Distinction Will Fade Away

(6-13-04) "EMC Corporation, the world leader in information storage and management, announced today that Adirondack Electronics Markets (AEM) has implemented EMC's Proven Solution for E-mail Archiving to help comply with U.S. government mandated e-mail archiving requirements. . . SEC Rules 17a-3 and 17a-4 under the Securities Exchange Act of 1934 require companies in the securities trading industry to retain and keep e-mail correspondence readily accessible for a minimum of three years. NASD regulations require broker-dealers to establish procedures for monitoring incoming and outgoing electronic communications relevant to their trading business. To comply with both agencies' regulations, AEM deployed the EMC Proven Solution for E-mail Archiving as part of its information lifecycle management (ILM) strategy. LEGATO EmailXaminer(TM) allows AEM to quickly and efficiently monitor, review and classify e-mail messages and store audit records in accordance with NASD requirements. This was previously a time-consuming and resource-intensive process. LEGATO EmailXtender(R) defines and applies policies to users subject to the SEC requirements, automatically captures all e-mail messages and indexes these messages. LEGATO DiskXtender(R) then moves the e-mail to EMC Centera(TM) content addressed storage (CAS), where it is retained securely for six years. "The SEC requires archived e-mail to be stored on non-erasable, non-rewriteable storage, while still being easily accessible," said Vdovets. "

Comment: These types of technological advances in management of electronic discovery and evidence will minimize the inaccessible data distinction set forth in the Zubulake decisions.