Zubulake

eLessons Learned EXCLUSIVE: Laura Zubulake Interview & Book Signing During Seton Hall Law School eDiscovery Course Zubulake’s eDiscovery: The Untold Story of My Quest for Justice

Following the recent ten year anniversary of the verdict in the Zubulake case (and the series of published court opinions preceding the verdict) that laid the groundwork for future eDiscovery cases, Ms. Zubulake took time from her busy schedule to meet with Seton Hall Law students. Ms. Zubulake discussed her book that presents a first-hand account of her harrowing experience that culminated in a historic outcome—and in the process forever changed the United States litigation landscape. Ms. Zubulake imparted her knowledge and experience from her three year lawsuit with a group of Seton Hall Law School students enrolled in Adjunct Law Professor Fernando M. Pinguelo’s eDiscovery: Where Technology Meets the Law course. Each student asked thoughtful and pointed questions concerning many of the experiences Ms. Zubulake revealed in her book. One of the central points Ms. Zubulake focused on was the importance of organization. She described the daunting task of reviewing, organizing, and searching through massive amounts of data, including emails and other evidence produced to her and her legal team as searching for the proverbial “needle in the haystack.” This was during a time when technology assisted review and other advancements in data review platforms were virtually nonexistent. To overcome this challenge, Ms. Zubulake believed organizing the evidence, including paper and electronic documents, was critical to preparing for depositions, drafting motion papers, preparing for trial, and presenting a clear timeline and sequence of events to the jury. Ms. Zubulake shared both her experiences that led to her decision to file suit alleging gender discrimination and retaliation and the fallout of her litigation, which carried over to her personal life. Ms. Zubulake confessed that she had been aware of allegations of gender discrimination in the financial industry early on in her career and acknowledged that she often felt that she had to work twice as hard as her male counterparts. However, that position never bothered Ms. Zubulake until the situation became uniquely personal, leading her to conclude that something needed to be done. Once she felt her personal career was being compromised, Ms. Zubulake admited that she “couldn’t in good faith walk away from it.” While her decision to act was not an easy one to make at the time, she thought it was the right one—particularly because she raised her concerns through internal corporate channels that she had been led to believe were designed to address delicate, intra-personnel matters discretely and effectively. Ms. Zubulake’s book is a personal account of a long, grueling litigation process that resulted in her finally getting vindication and justice. She speaks of the process and admits that it was not easy. Ms. Zubulake knew that she served as a good, strong candidate to not only take a stand against what had happened to her personally, but also to challenge what had been in many respects an institutional problem. Ms. Zubulake’s case did not serve merely to right a perceived wrong in the context of gender discrimination in the work place, but it also sparked the establishment of several groundbreaking precedents regarding electronic discovery. Her book is not only an account of her determination, but also her acknowledgement that she never imagined her case would have had such an impact on a legal process that was virtually nonexistent at the time. Ten years later, we continue to see the impact and the relevancy of the Zubulake decisions. To learn more about Laura Zubulake and Zubulake’s eDiscovery: The Untold Story of My Quest for Justice, visit: http://www.laurazubulake.com/. Fernando M. Pinguelo, Esq., is a U.S.-based trial lawyer and devotes his practice to complex lawsuits with an emphasis on business disputes, cyber security, media and employment matters. Kristen Tierney, a Chief Blog Correspondent for eLessons Learned, is a History and Political Science double-major at at Rutgers University in New Brunswick (Class of 2016). Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below and follow the twitter accounts @ellblog_dot_com, @CyberPinguelo, and @eWHW_Blog. To learn more about electronic discovery and technology’s impact on lawsuits and corporate governance, visit eLessons Learned – Where Law, Technology, and Human Error Collide and register to receive timely updates. If you’re also interested in data privacy and security, visit eLLblog’s companion blog – eWhiteHouse Watch – Where Technology, Politics, and Privacy Collide (http://ewhwblog.com).

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    The blog takes a clever approach to [e-discovery]. Each post discusses an e-discovery case that involves an e-discovery mishap, generally by a company employee. It discusses the conduct that constituted the mishap and then offers its ‘e-lesson’ — a suggestion on how to learn from the mistake and avoid it happening to you.

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    Although I may have missed some, yours is the first article that I have seen addressing Zubulake II. It is often the lost opinion amongst the others.

    Laura A. Zubulake

    Plaintiff, Zubulake v. UBS Warburg


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