eDiscovery Origins: Zubulake

The Case Series that Started it All

Welcome to our signature feature, eDiscovery Origins: Zubulake, designed to give readers a primer on the eDiscovery movement through blog posts about Zubulake, the series of court opinions that helped form the foundation for eDiscovery. eDiscovery Origins: Zubulake takes each Zubulake decision and distills its key elements into what has become our trademark – simple, witty, easy to understand eLessons.

eDiscovery Origins: Zubulake also takes a behind-the-scenes look at those who have most influenced the eDiscovery movement and offers insight into their contributions. As one leading eDiscovery guru put it, “if you are a novice to eDiscovery case law this is a must read.”


EXCLUSIVE: eLessons Learned’s Exclusive Interview with Ms. Laura Zubulake: Zubulake’s e-Discovery – A Twelve-Part Series (Part Four)

Interviewed by Catherine Kiernan, Co-Editor in Chief, eLLblog.com Chapter 4   The e-Discoverer TWEET -“Every decision I made to search, compel, seek sanctions, or enter that courtroom was based on some kind of mathematics.”  -- Zubulake’s e-Discovery Q: As to Chapter 4 (The e-Discoverer), please describe the greatest challenge you faced at that stage of your writing the book. A: At the time of my litigation, the governing rules were interpreted to relate primarily to paper documents and not electronically stored information.  The law was grey in this area.  There was little legal precedent to guide my actions.  However, I believed the electronic documents would be supportive of my case.  The lack of legal clarity was a challenge and I did not want it to affect the outcome of my case.  As a businessperson (not an attorney) I found math to be an effective means to address my challenges.  

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EXCLUSIVE: eLessons Learned’s Exclusive Interview with Ms. Laura Zubulake: Zubulake’s e-Discovery – A Twelve-Part Series (Part Three)

Interviewed by Catherine Kiernan, Co-Editor in Chief, eLLblog.com Chapter 3 The Underdog TWEET - “In what was the most difficult professional decision I have made, I instructed my attorney to file Zubulake v. UBS Warburg LLC, in the United States Federal Court for the Southern District of New York.” -- Zubulake’s e-Discovery Q: As to Chapter 3 (The Underdog), please describe the greatest challenge you faced at that stage of your writing the book. A: Filing a complaint was the most difficult professional decision I have yet to make. I knew with this filing I was risking my career, reputation, and personal net worth.  The greatest challenge was how to compete against the resources of a multi-billion-dollar corporation.

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