headermask image

Data Triage Blog

Monthly Archives: March 2007

Zubulake v. UBS Warburg, ZUBULAKE 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAURA ZUBULAKE, :: Plaintiff, -against- UBS WARBURG LLC, UBS WARBURG, and : UBS AG, : Defendants. OPINION AND ORDER : 02 Civ. 1243 (SAS) SHIRA A. SCHEINDLIN, U.S.D.J.: On May 13, 2003, I ordered defendants UBS Warburg LLC, UBS Warburg, and UBS AG (collectively “UBS”) to [...]

Analog Devices, Inc. v. Michalski, 2006 NCBC 14

STATE OF NORTH CAROLINA COUNTY OF GUILFORD ANALOG DEVICES, INC., Plaintiff, v. CHRISTOPHER MICHALSKI, KIRAN KARNIK AND MAXIM INTEGRATED PRODUCTS, INC., Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 01 CVS 10614 ORDER AND OPINION {1} This matter is before the Court on Defendants’ Motion to Compel. Defendants have requested that Plaintiff produce [...]

Zubulake v. UBS Warburg, ZUBULAKE 5

Commenting on the importance of speaking clearly and listening closely, Phillip Roth memorably quipped, “The English language is a form of communication! . . . Words aren’t only bombs and bullets — no, they’re little gifts, containing meanings!”1 What is true in love is equally true at law: Lawyers and their clients need to communicate [...]

Zubulake v. UBS Warburg, ZUBULAKE 4

“Documents create a paper reality we call proof.” The absence of such documentary proof may stymie the search for the truth. If documents are lost or destroyed when they should have been preserved because a litigation was threatened or pending, a party may be prejudiced. The questions presented here are how to determine an appropriate [...]

Zubulake v. UBS Warburg, ZUBULAKE 3

On May 13, 2003, I ordered defendants UBS Warburg LLC, UBS Warburg, and UBS AG (collectively “UBS”) to restore and produce certain e-mails from a small group of backup tapes. Having reviewed the results of this sample restoration, Laura Zubulake now moves for an order compelling UBS to produce all remaining backup e-mails at its [...]