Severe Penalties for Noncompliance

摘要

1.1Zubulake is generally considered the first definitive case in the United States on a wide range of electronic discovery issues. These issues include: 2.1The scope of a party's duty to preserve electronic evidence during the course of litigation; 3.1 Lawyer's duty to monitor their clients' compliance with electronic data preservation and production; 4.1 Data sampling; 5.1The ability for the disclosing party to shift the costs of restoring "inaccessible" back up tapes to the requesting party; 6.1 The imposition of sanctions for the spoliation (or destruction) of electronic evidence.