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Zubulake v. UBS Warburg, LLC, 2004 WL 1620866 (S.D.N.Y. July 20, 2004) ( "Zubulake V") and 2003 WL 22410619 (S.D.N.Y. Oct. 22, 2003) ("Zubulake IV") - The court ruled the duty of preservation to preserve the subject electronic data arose prior to filing of the lawsuit, when litigation is "reasonably anticipated," and in Zubulake V, the Court found the defendant's conduct in failing to produce justified sanctions and adverse inference instructions against the defendant. The court further found that counsel failed to: communicate "litigation hold" instructions to key employees, request e-mail archiving activities of a key employee, make production requests directly to key employees, and implement back-up tape protections.