Laura Zubulake, who took on UBS Warburg in a federal lawsuit alleging gender discrimination that turned the judge into a celebrity, has just published a book about her experience. Zubulake’s e-Discovery: The Untold Story of My Quest for Justice was released this week, and recounts her experience litigating Zubulake v. UBS Warburg, 216 F.R.D. 280 (S.D.N.Y. 2003). Zubulake sued the financial institution in the U.S. District Court for the Southern District of New York, and by the time the jury reached its verdict on April 6, 2005, Judge Shira Scheindlin had written five landmark opinions affecting e-discovery. The decisions catapulted Scheindlin to a rock star in the litigation community, even before the 2006 e-discovery amendments to the Federal Rules of Civil Procedure became the law of the land.

Scheindlin’s rulings addressed the scope of a party’s duty to preserve electronically stored information when anticipating possible litigation; and defined lawyers’ duties to monitor their clients’ compliance with litigation rules and records management as well as data sampling, cost shifting, and sanctions for spoliation. The jury trial resulted in an award of over $29 million to Zubulake: $20.1 million in punitive damages, and $9.1 million in compensatory damages. She subsequently settled the case for an undisclosed amount.

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