Zubulake's e-Discovery: The Untold Story of my Quest for Justice [Paperback]

Laura A. Zubulake (Author)

Book Description

Publication Date: July 17, 2012

A BOOK FOR ALL READERS. Zubulake’s e-Discovery is a 21st century version of David & Goliath set on Wall Street that resulted in the establishment of landmark law. It is an inspirational account of a woman standing on principle, fighting for her rights, persevering against a formidable opponent, and achieving vindication, accountability, and justice. The voice of the plaintiff, particularly the plaintiff in a litigation with far-reaching consequences, is seldom heard. I was the plaintiff in a case ("Zubulake") that resulted in a historic jury verdict and a series of legal opinions that influenced the practice of law. Zubulake’s e-Discovery is my story. The next time you read about e-mails in the news, you will think about my case. Zubulake began as an employment-related lawsuit against a financial-services giant and became important on several fronts. Zubulake culminated in a historic jury verdict, one of, if not the most significant verdicts for a single plaintiff in an employment discrimination case. Zubulake transformed the legal industry by moving beyond conventional thinking and focusing on advances in technology that impacted business and the ways evidence was created. Three years of litigation resulted in the issuance of a series of precedent legal opinions (the “Zubulake opinions”) concerning the discovery of electronically stored information (electronic discovery or “e-discovery”). No longer does the process of legal discovery begin with document requests or the filing of a complaint in court. It begins with an organization’s information management policies and procedures (information governance). E-discovery has matured into a multi-billion-dollar business, one of the fastest-growing legal specialties and segments of the IT industry. The name Zubulake has become synonymous with best practices in e-discovery. To become familiar with e-discovery requires, at a minimum, a reading of the Zubulake legal opinions. To truly appreciate e-discovery requires knowledge of how those opinions came to be. Thousands of articles have been written by others about my case- but never has the story been told from my perspective—the perspective of the plaintiff. Zubulake's e-Discovery is my account of how and why I did what I did. It is illustrative so readers can better understand concepts; answers how, who and what questions; describes a real-world situation against which theory can be tested; and discusses controversy-both successes and failures. Zubulake's e-Discovery is so much more than about landmark law, information governance, and e-discovery. It is a story about principle and perseverance. It is inspirational, credible, important, and unique. It shows what can happen when an individual sets out to do the “right thing.” It is a story that will appeal to any reader who cheers for the underdog. For more visit www.LauraZubulake.com.

Editorial Reviews

From the Back Cover

The voice of the plaintiff, particularly the plaintiff in a litigation with far-reaching consequences, is seldom heard.  I was the plaintiff in a case that resulted in a historic jury verdict and a series of legal opinions that influenced the practice of law.  Zubulake's e-Discovery is my story.

 

In 2002, I filed discrimination and retaliation claims against my former employer, a multi-billion-dollar Wall Street firm. Rather than settle and move on, I decided to search for electronic evidence that I was led to believe did not exist. Years of searching for electronic evidence resulted in the issuance of landmark legal opinions. Known as the Zubulake opinions, they established precedents in the area of electronic discovery ("e-discovery").

 

The law has evolved since the conclusion of my case.  Federal and state rules of civil procedure have been adopted to include electronic evidence. E-discovery has developed into a multi-billion-dollar business and is one of the fastest-growing legal specialties.  My case has become one of the most written-about federal cases in history.  However, my case was never really about e-discovery. For me, it was always about the underlying allegations of unfair treatment. 

 

To become familiar with e-discovery requires, at a minimum, a reading of the Zubulake opinions. To appreciate e-discovery requires knowledge of how those opinions came to be.  Zubulake's e-Discovery explains what really happened and how I did what I did.  It is a story about perseverance, vindication, accountability, and justice.  Zubulake's e-Discovery explores the discovery, or the e-discovery, of my truth.

About the Author

Laura A. Zubulake worked on Wall Street for 20 years marketing global convertible and derivative securities, and equity-related product on Asia-based companies to U.S. institutional clients. She earned a B.S. degree in finance and a M.B.A. degree in economics. In 1991, her book The Complete Guide to Convertible Securities Worldwide was published by John Wiley & Sons. In February 2002, she became the plaintiff in an employment-related lawsuit that resulted in landmark law in the area of electronic discovery. Ms. Zubulake speaks professionally to legal, IT, and business audiences concerning her e-discovery experiences. Further information can be found at: LauraZubulake.com

Product Details

• Paperback: 230 pages
• Publisher: Laura A. Zubulake (July 17, 2012)
• Language: English
• ISBN-10: 0985064005
• ISBN-13: 978-0985064006
• Product Dimensions: 0.5 x 5.9 x 8.9 inches
• Shipping Weight: 12.8 ounces (View shipping rates and policies)
• Average Customer Review: 4.9 out of 5 stars  See all reviews (10 customer reviews)
• Amazon Best Sellers Rank: #685,000 in Books (See Top 100 in Books)

More About the Author

Please visit www.LauraZubulake.com for details about my books, reviews, contact info, and my biography.

Most Helpful Customer Reviews

4 of 4 people found the following review helpful

5.0 out of 5 stars How Smart Lawyers Can Learn from a Smart Plaintiff August 9, 2012

By Christina Ayiotis

Format:Paperback

Having known Laura for six years, I knew she was smart. It was not until I read her book, that I came to realize just how smart. This book chronicles Laura's case in an eminently readable way. She provides context of the industry she was in so as to orient the reader for what is to come. Smart lawyers will learn how valuable "thinking strategically" is (as will smart business people). Laura's business perspective and savvy were overriding factors in her success throughout all phases. Her disciplined use of logic and her meticulous organization of evidence should inspire counsel for their own matters. She was focused on her goal throughout--accountability-- and this enabled her to take temporary setbacks in stride. The philosopher in me particularly appreciated Chapter 8 introduced by Nietzsche's "[t]he irrationality of a thing is no argument against its existence, rather a condition of it." It is here where we learn about her walks through Central Park, one of which lead her to framing her challenge using Aristotle's law of non-contradiction. The Greek in me also loved her homage to Themis, the Goddess of Divine Justice. Her trial lawyer conjures up images of a John Grisham novel except that he is real. Most will be surprised by the ending since most accounts of her case did not have access to all the facts after the verdict. This is a "must read" for business people, not just lawyers.

4 of 4 people found the following review helpful

5.0 out of 5 stars Outstanding Book August 8, 2012

By Melissa

Format:Paperback|Amazon Verified Purchase

Incredible book! I read this book in two days, and couldn't put it down! Zubulake certainly blazed a trail of her own. This book should be mandatory reading for every judge, attorney and corporate human resource department.

2 of 2 people found the following review helpful

5.0 out of 5 stars Amazing story of one woman's quest for justice April 2, 2013

By Beth

Format:Paperback|Amazon Verified Purchase

I cannot imagine what it took to stand as a single person against a huge organization. Ms. Zubulake is gutsy, smart, and persistent. A good read for anyone that uses email and thinks it can't be used to support you...or against you...as the case may be.