Zubulake v. UBS Warburg LLC (Zubulake V)
United States District Court for the Southern District of New York
229 F.R.D. 422 (July 20, 2004)
During discovery in the United States District Court for the Southern District of New York, Laura Zubulake (plaintiff) requested discovery of information from UBS Warburg LLC (UBS) (defendant). UBS’s in-house and outside counsel instituted a litigation hold, meaning the attorneys told UBS’s employees verbally and in writing that electronic data relevant to the case had to be kept. Nevertheless, one key employee was not given the warnings, and another employee was not asked to turn over relevant data. Further, UBS’s attorneys did not make a specific warning about backup tapes until Zubulake made a discovery request for them. UBS attorneys also failed to advise the information technology department not to recycle backup tapes in a timely manner. UBS’s attorneys considered but did not take steps to segregate or take possession of relevant data. As a result, UBS employees deleted, destroyed, or otherwise failed to produce emails relevant to the litigation. Zubulake moved the court for sanctions against UBS for the late or non-production of requested information.
Rule of Law
Holding and Reasoning (Scheindlin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.