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

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

Interviewed by Catherine Kiernan, Co-Editor in Chief, eLLblog.com

Chapter 12:  The Verdict

TWEET –“That summer the negotiations and pressure to settle reached unprecedented heights. Concerns of a looming appeal dominated conversations.”  — Zubulake’s e-Discovery

Q: As to Chapter 12 (The Verdict), please describe the greatest challenge you faced at that stage of your writing the book.

A: Once the verdict was rendered, my greatest challenge was the potential for an appeal.  I was warned about the appeal process.  Apparently, a panel of three judges decided the outcome.  I was disturbed that outsiders who had not observed the witnesses and personally assessed the credibility of the evidence would be the final adjudicators of my claims. I had to decide whether it was time to settle or continue the fight.

 

TWEET –“My heart wanted to fight on, but my brain reasoned otherwise. It was time.” — Zubulake’s e-Discovery

Q: As to Chapter 12 (The Verdict), please describe the most compelling lesson you learned at that stage of your lawsuit.

A: The compelling lesson is knowing when to move on.  We all must make choices.  For me, the choice was whether to continue to fight or to settle my case.  After years of litigation, my decision was not easy.  I weighed my options and then decided it was time.  I never had regrets.

 

Catherine Kiernan:  Thank you Ms. Zubulake.  Your journey is nothing short of remarkable and I know our readers will appreciate your story as much as I have.  For those interesting in reading Zubulake’s e-Discovery: The Untold Story of My Quest for Justice, visit: http://www.laurazubulake.com/

 

For the complete interview,  click here

 

The opinions set forth in this interview are those of the author alone; and nothing in this interview should be viewed as professional advice. Any individuals seeking advice on the matters presented herein should seek individual and specific advice, as facts and application of law change for every matter.

 

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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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