United States District Court for the Southern District of New York
220 F.R.D. 212 (S.D.N.Y. 2003)
Laura Zubulake (plaintiff) sued UBS (defendant) for gender discrimination, failure to promote, and retaliation. In response to her claim that all her allegations could be proven by email correspondence sent to UBS employees, the judge ordered the parties to share the costs of retrieving the backup tapes containing the emails. UBS accordingly ordered its employees to preserve information stored on backup tapes. When several backup tapes were discovered missing, Zubulake moved for sanctions against UBS for failure to preserve the missing tapes and the emails contained therein in federal district court.
Rule of Law
Holding and Reasoning (Scheindlin, J.)
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