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Vol. 1 No. 11 January 2003

Are You Liable for a Bad Disaster Recovery Plan?

Like many storage managers, Ken Hutchins, director of technical services at Reston, VA-based AdvanceMed, has high hopes that 2003 is the year he'll finally get to implement a disaster recovery (DR) site. "Every year it gets approved in my budget," he says, but somewhere, somehow over the course of the year, the project gets nixed. "So far this year, it hasn't been cut." And in light of today's legal climate, cutting funds for a DR project would be very unwise, says Polly Nelson, legal counsel with CNT, a maker of storage networking equipment that also provides disaster recovery and business continuity planning services. That's because with today's increased focus on corporate accountability, it's increasingly likely that corporate officers who fail to implement an adequate disaster recovery and business continuity (BC) plan may be held personally liable for losses incurred from an outage. In the past, company officers enjoyed a waiver of liability, Nelson says, but recently the courts have found a way around that waiver. ...

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