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Zubulake v. UBS Warburg LLC (Zubulake I)

United States District Court for the Southern District of New York

217 F.R.D. 309 (May 13, 2003)

Relevant factsFree

Zubulake (plaintiff) sued UBS (defendant) for gender discrimination and requested all documents, including electronic data, in which UBS employees discussed her. UBS produced some emails but claimed producing more, particularly from backup tapes, would be unduly costly, prompting a dispute over cost-shifting for electronic discovery.

IssueFree

Whether, under the Federal Rules of Civil Procedure, the cost of producing electronic data should be shifted to the requesting party.

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