SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Field
Zubulake v. UBS Warburg LLC (Zubulake V)
Citation:
229 F.R.D. 422 (S.D.N.Y. 2004)Facts
Laura Zubulake filed an EEOC charge in August 2001 and subsequently sued UBS for employment discrimination. UBS’s in-house and outside counsel issued litigation hold instructions in August 2001, directing employees to preserve relevant documents including emails. Despite these instructions, multiple UBS employees including Chapin, Hardisty, Holland, Orgill, Varsano, and Arnone deleted relevant emails. Some deleted emails were recovered from backup tapes or from employees Kim and Tong’s active files, but were produced almost two years after initially requested. Other emails were permanently lost when backup tapes were recycled. Counsel failed to communicate the litigation hold to employee Mike Davies, failed to request files from Kim until her deposition, and misunderstood Tong’s reference to “archive” files as meaning backup tapes rather than active computer files. The re-depositions ordered in Zubulake IV revealed the extent of deleted and belatedly produced emails, demonstrating failures by both UBS personnel and counsel.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.