Read, review and digest the Zubulake decisions (aka Zubulake I – 3 step
analysis; Zubulake III – full discovery and cost-shifting; Zubulake IV – failure
of UBS to retain information; and Zubulake V – additional discovery, but pulls
back on adverse inference) Generate a research paper based on the many
facets of eDiscovery associated with the Zubulake decision in relation to the
recently amended rules concerning electronically stored information.
You must have:
8 full pages of information for full credit (11 font, .5 borders, 1.5 line breaks)
4 additional sources including the Zubulake (5 total sources is minimum for
full credit)
These may be topics of interest…
• First eDiscovery decision by Shira A. Scheindlin – discuss historical
references and importance of decision
• Duty to preserve (tons of recent case law on this topic)
• What extent is inaccessible data discoverable?
• Discuss “proportionality test” under FRCP 26(b)(1)
• Describe and review “cost-shifting” in discovery matters (reference
other cases) under Zubulake III opinion
• Describe “accessible vs inaccessible” along with burden of producing
data, or costs
• Document the 7-factor test as described in Zubulake: 1) The extent to
which the request is specifically tailored to discover relevant
information; 2. The availability of such information from other sources;
3. The total cost of production, compared to the amount in
Controversy; 4. The total cost of production, compared to the
resources
available to each party; 5. The relative ability of each party to control
costs and its
incentive to do so; 6. The importance of the issues at stake in the
litigation; and
7. The relative benefits to the parties of obtaining the information