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Zubulake v. UBS Warburg LLC, 229 F.R.D. 422 (S.D. N.Y. 2004)(“I will give the following instruction to the jury that hears this case: You have heard that UBS failed to produce some of the e-mails sent or received by UBS personnel in August and September 2001. Plaintiff has argued that this evidence was in defendants' control and would have proven facts material to the matter in controversy. If you find that UBS could have produced this evidence, and that the evidence was within its control, and that the evidence would have been material in deciding facts in dispute in this case, you are permitted, but not required, to infer that the evidence would have been unfavorable to UBS. . . ”Several cases are discussed pertaining to electronic evidence and how the court handled it.Document retention policies are discussed.Duties to preserve and loss of data are discussed.Rule 26(f) conference is discussed.The parties should address whether discovery of ESI is needed, what information each party has in electronic form and where that information resides.Bring your IT person to the conference.Requirements for maintaining records by the EEOC, the SEC, the Department of Labor, and OSHA are discussed.
1 CLE
1 TBLS-Civil Trial Law
1 TBLS-Criminal Law
1 TBLS-Personal Injury
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