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Zubulake v. UBS Warburg LLC

United States District Court for the Southern District of New York
220 F.R.D. 212 (S.D.N.Y. 2003)


Zubulake v. UBS Warburg LLC

Facts

Laura Zubulake (plaintiff) sued UBS Warburg LLC (defendant) for gender discrimination, failure to promote, and retaliation. In response to Zubulake's 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 restoring UBS backup tapes containing the emails. UBS accordingly ordered its employees to preserve information stored on backup tapes. However, several backup tapes were discovered to be missing. Zubulake moved for sanctions against UBS for failure to preserve the missing tapes, and the emails contained on those tapes, in federal district court.

Rule of Law

Issue

Holding and Reasoning (Scheindlin, J.)

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