"Although parties to litigation have a duty to preserve electronic data, they may not be required to produce the data that has been preserved.
In a recently published article, Access to Computer Hard Drive Images, Fordham analyzes two decisions where courts have denied production of the entire hard drive. (See, Peskoff v Faber, 2007 WL 2416119 (D.D.C.) and Calyon v Mizuho Securities USA, Inc., Slip Copy, 2007 WL 1468889 (S.D.N.Y.))."