Polishing the "Gold Standard" on the E-Discovery Cost-Shifting Analysis: Zubulake v. UBS Warburg, LLC

Authors

• James M. Evangelista

Document Type

Article

Abstract

The purpose of this Article is to discuss the recent series of decisions in Zubulake v. UBS Warburg, LLC (Zubulake I), that modified the eight-factor analysis established in Rowe Entertainment, Inc. v. William Morris Agency, to assist in determining who pays for the costs associated with producing electronic data. While the Rowe test has been described as the “gold standard for courts resolving electronic discovery disputes,” in the future, the Zubulake decisions will become the seminal reference on this issue.

Recommended Citation

James M. Evangelista, Polishing the "Gold Standard" on the E-Discovery Cost-Shifting Analysis: Zubulake v. UBS Warburg, LLC, 9 J. Tech. L. & Pol'y (2004).
Available at: https://scholarship.law.ufl.edu/jtlp/vol9/iss1/1