Today’s New York Law Journal reported on a Justice Austin’s decision concerning who bears the cost of electronic discovery — an issue that has little precedent in New York (see article — Subscription Required). Justice Austin applied the rule that the requesting side bears the cost. Although the decision is not on Nassau County Supreme Court’s Website yet, I am posting a Southern District of New York District Court case — Zubulake v. UBS Warburg LLC — that addresses similar issues.

A subsequent post will include the Supreme Court decision once it is published.