Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Further <i>Zubulake</i> Ruling
In the context of electronic discovery but with implications beyond that setting, Judge Shira Scheindlin issued a further ruling in the hotly contested Zubulake v. UBS Warburg litigation outlining a defendant's obligation to preserve discovery following notice of a possible litigation. 2003 WL 22410619 (S.D.N.Y. 10/22/03) (Zubulake IV). In doing so, Judge Scheindlin has once again mapped the landscape and advanced the jurisprudence relating to the preservation, production, and payment of the costs of electronic discovery.
Key to this decision is the fact that defendant UBS failed to preserve certain electronic discovery responsive to plaintiff's discovery requests. For example, a number of backup computer tapes were missing and isolated e-mails, which appeared to be directly relevant to plaintiff's claims, were deleted despite a direction from defendant's counsel to preserve relevant documentation. The question for the court in Zubulake IV was: In what way, if at all, should UBS be punished for failing to preserve discovery? “It goes without saying that a party can only be sanctioned for destroying evidence if it had a duty to preserve it. If UBS had no such duty, then UBS cannot be faulted.”
Judge Scheindlin then addressed the question of the duty to preserve evidence by raising two sub-questions: when does the duty to preserve attach, and what evidence must be preserved? Judge Scheindlin concluded that the duty to preserve evidence took root when the relevant people at UBS first reasonably anticipated litigation, which in this case was 4 months before the underlying charge before the EEOC was filed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.