This exceptionally large award was ordered in a landmark employee discrimination case that addressed important e-discovery issues including the preservation of email, cost-shifting, and the restoration of backup tapes.
Zubulake’s counsel told the jury that UBS had destroyed email and its officials had lied in court.
Judge Scheindlin instructed the jury to assume that email not preserved by UBS after Zubulake filed her complaint with the EEOC would have hurt UBS’ case.
UBS says that it will appeal.
The story can be found at here.