Electronically stored information will be an extremely important and irreplaceable source of discovery and evidence in this lawsuit. The laws and rules prohibiting destruction of evidence apply to electronically stored information and data in the same manner that they apply to other evidence. Due to its format, one may easily delete, modify, or corrupt electronic information. Accordingly, Plaintiff demands that you immediately take every reasonable step to preserve any and all electronic information and data that may be relevant to this lawsuit, as set forth below, until it is resolved fully.
Please ensure that all electronic data and information about such electronic data, on any media-in your possession, custody, or control, or constructive possession, custody, or control-that may contain electronic information that is relevant to this lawsuit is preserved immediately, in its native file format, using appropriate, forensically sound techniques. The data to be preserved includes all documents, files, folders, folder structures, meta-data, deleted data, file fragments, and other potentially relevant information.
Pending discovery concerning the layout and configuration of your computer systems and electronic data sets, and pending any agreement of the parties regarding the preservation of electronic evidence, you should adopt appropriate safeguards to prevent the destruction or alteration-intentionally or otherwise-of evidence until the final resolution of this lawsuit. Until this lawsuit is fully and finally resolved, measures you should take include, but are not limited to, the following: Ensuring that preservation and back-up procedures, and tapes or other back-up media, are not stopped, impaired, or otherwise jeopardized; Ensuring that copies are kept of current back-up media, instead of them being written over in the normal course of business; Making a true and correct copy of all electronic data on any disks or drives in all locations (including, but not limited to, home and office) that may be relevant to the data, using a forensically sound "imaging" technique that will capture all bits of data, of any kind, contained on the drive; Not accessing any potentially relevant files of any kind, until a forensically sound image is taken of all relevant media; Not installing any new software of any kind on any hard drives, disks, or servers that may contain any relevant data, until a forensically sound image is taken of all relevant media; Not disposing of any media that may contain any relevant information, until a forensically sound image is taken of all relevant media; Not defragmenting or compressing any hard drives or other media that may contain any relevant information, until a forensically sound image is taken of all relevant media; Not using any specialized software designed to remove permanently any deleted information (i.e., "wiping") from hard drives or servers, until a forensically sound image is taken of all relevant media; Not transferring electronic data and information in an attempt to avoid this notice; Ensuring data is protected from electrical surges, water, and other natural potentially data-damaging forces; and Ensuring that data is protected from viruses, "hackers," magnets, and other non-natural potentially data-damaging forces.
Plaintiff will seek discovery in this lawsuit seeking information from your computer systems, removable electronic media, and other locations. This discovery will include, but is not limited to, electronic-mail and other electronic communication media, word processing documents, spreadsheets, databases, calendars, voicemails, fax servers, personal digital assistants, mobile (cellular) telephones, telephone logs, contact manager information, Internet usage files, and network access information. If you have altered any such information, Plaintiff will seek appropriate sanctions as well as spoliation instructions.
Please provide a copy of this letter to all persons whose job responsibilities cover the matters addressed herein, or who are otherwise in possession, custody, or control-or constructive possession, custody, or control-of any media on which relevant electronic information may be stored. Additionally all of the above applies to any documents or any other tangible item. Thank you for your attention to this matter.
If you need more information, you should contact a qualified Dallas employment attorney [http://www.jsblaw.net/index.cfm?ThisPage=laborandemployement].
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