Electronic discovery experts are on alert about an upcoming preservation ruling in Pippins v. KPMG, a case involving a labor dispute.
Outten & Goulden, representing former KPMG auditor Kyle Pippins and others, won a ruling from Magistrate Judge James Cott of the U.S. District Court for the Southern District of New York stating that KPMG must preserve the computer hard drives of all possible members in the not-yet certified class. KPMG argued that it should only work with 100 sampled drives.
KPMG is appealing to District Court Judge Colleen McMahon, also in the Southern District of New York, and a ruling is expected following a reply from Pippins' team early in December.
Outten & Goulden attorney Lauren Schwartzreich said the lesson is just to cooperate when your side has the opportunity.
"I'm not really concerned about this decision having too broad of an impact on the unintended consequences of mass preservation expectations," Schwartzreich said. "I think that the judge made it pretty clear in his ruling that the basis in his ruling was what he observed to be a lack of cooperation."
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Source: law.com
By: Evan Koblentz
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