August 14, 2012

Review of Zubulake's e-Discovery

by Cary J. Calderone, Esq.


For the second time now, Laura A. Zubulake has really exceeded my expectations.  I wrote a piece about her keynote at the 2011 Carmel Valley e-Discovery Retreat (link) where she surprised me by sharing some of the details of her famous sexual discrimination lawsuit against UBS.  Her lawsuit lead to five powerful written opinions about email evidence and electronic discovery.  In her well-written book, Zubulake's e-Discovery-The Untold Story Of My Quest For Justice, she covers this material and more about her ups and downs during litigation from her unique perspective as the plaintiff.  What I enjoyed the most is that this is not a litigation story as typically portrayed in the movies or on television.  This is not litigation as it is taught in law school, covering just the black letter law and exceptions to the legal rules.  This is, as the commercial used to say, "as real as it gets."