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Zubulake I
Zubulake v. UBS Warburg is a landmark decision in the area of electronic discovery and the burden of costs for such discovery. It was released on May 13, 2003 and was written by Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York. It is the first in a series of Zubulake judgements relating to discovery issues, and is also referred to as "Zubulake I". See section "Other Proceedings" for information on other Zubulake decisions. Facts In the context of a gender discrimination and retaliation lawsuit, the plaintiff Laura Zubulake moved to obtain from defendants UBS Warburg LLC, UBS Warburg and UBS AG ('UBS') "all documents concerning any communication by or between UBS employees concerning the Plaintiff." UBS responded by providing several documents, including e-mail records totaling 100 pages, but did not search its backup tapes or other archives for responsive e-mails. The Plaintiff requested emails from UBS' optical disks, servers and ...
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Electronic Discovery
Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often referred to as electronically stored information or ESI). Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (e.g. the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation. In the United States, at the f ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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Shira Scheindlin
Shira A. Scheindlin (; born 1946) is an American attorney and jurist who served as a United States district judge of the United States District Court for the Southern District of New York. Early life and education Scheindlin was born in Washington, D.C. She earned a Bachelor of Arts degree in Far Eastern studies from the University of Michigan (1967), a Master of Arts in history from Columbia University (1969), and a Juris Doctor from Cornell Law School (1975). Career Before taking her seat on the Southern District, Scheindlin worked as a prosecutor, commercial lawyer, and judge. She was a clerk for federal district court judge Charles L. Brieant from 1976 to 1977 and, from 1977 to 1981, was an Assistant United States Attorney for the Eastern District of New York. From 1981 to 1982, she was General Counsel for the New York City Department of Investigation. Starting in 1982, and continuing through 1984, she served as special master in the Agent Orange mass tort litigation. S ...
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Gender Discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primarily to discrimination against women, and primarily affects women. See, for example: * Defines sexism as "prejudice, stereotyping, or discrimination, typically against women, on the basis of sex". * Defines sexism as "prejudice or discrimination based on sex or gender, especially against women and girls". Notes that "sexism in a society is most commonly applied against women and girls. It functions to maintain patriarchy, or male domination, through ideological and material practices of individuals, collectives, and institutions that oppress women and girls on the basis of sex or gender." * Notes that Sexism' refers to a historically and globally pervasive form of oppression against women." * Notes that "sexism usually refers to prejudice ...
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UBS Warburg
UBS Group AG is a multinational Investment banking, investment bank and financial services company founded and based in Switzerland. Co-headquartered in the cities of Zürich and Basel, it maintains a presence in all major financial centres as the List of largest banks, largest Swiss banking institution and the Private banking, largest private bank in the world. UBS client services are known for their strict bank–client confidentiality and culture of #Banking secrecy, banking secrecy. Because of the bank's large positions in the Americas, Europe, the Middle East and Africa, EMEA, and Asia-Pacific, Asia Pacific markets, the Financial Stability Board considers it a Systemically important financial institution, global systemically important bank. Apart from private banking, UBS provides wealth management, asset management, and investment banking services for private, corporate, and institutional clients with international service. UBS manages the largest amount of private weal ...
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UBS AG
UBS Group AG is a multinational Investment banking, investment bank and financial services company founded and based in Switzerland. Co-headquartered in the cities of Zürich and Basel, it maintains a presence in all major financial centres as the List of largest banks, largest Swiss banking institution and the Private banking, largest private bank in the world. UBS client services are known for their strict bank–client confidentiality and culture of #Banking secrecy, banking secrecy. Because of the bank's large positions in the Americas, Europe, the Middle East and Africa, EMEA, and Asia-Pacific, Asia Pacific markets, the Financial Stability Board considers it a Systemically important financial institution, global systemically important bank. Apart from private banking, UBS provides wealth management, asset management, and investment banking services for private, corporate, and institutional clients with international service. UBS manages the largest amount of private weal ...
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Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ...
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Electronic Discovery
Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often referred to as electronically stored information or ESI). Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (e.g. the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation. In the United States, at the f ...
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Footnotes
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text. Footnotes are notes at the foot of the page while endnotes are collected under a separate heading at the end of a chapter, volume, or entire work. Unlike footnotes, endnotes have the advantage of not affecting the layout of the main text, but may cause inconvenience to readers who have to move back and forth between the main text and the endnotes. In some editions of the Bible, notes are placed in a narrow column in the middle of each page between two columns of biblical text. Numbering and symbols In English, a footnote or endnote is normally flagged by a superscripted number immediately following that portion of the text the note references, each such footnote being numbered sequentially. Occasionally, a number between brack ...
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United States Discovery Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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