Zubulake v. USB Warburg

·A. How would the case be affected if Laura Zubulake, before she
was terminated, had forwarded some of the e-mails that she was seeking to
obtain via the discovery process to her personal e-mail account?

B. Let’s say that her company had a corporate security policy that prevented
UBS employees from forwarding their business emails to a personal email
account. Laura forwarded the emails to her personal email account anyhow
because she suspected that retrieving the emails through the discovery process
would be an issue once she filed suit. If those emails were evidence that she
was wrongly terminated, would she be able to use them as evidence or would they
be thrown out due to her breaking the corporate security policy?

C. If Laura presented emails that she forwarded from her business account –
would they be considered valid evidence artifacts – given the fact that it may
be difficult to prove that the emails were not tainted (modified or partially
deleted)?

D. Discuss a case
(resolved in since January 2015) involving e-discovery and the aspects
litigated.

You must address all 4 parts in your initial response.

View PowerPoint presentations:

• Electronic Discovery & Digital Evidence (overview)
• Zubulake v. USB Warburg
• Preservation of Documents
• Preservation Has Arisen