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Records Management Program <[log in to unmask]>
Date:
Thu, 10 Nov 2011 08:26:36 -0500
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E-discovery ruling in KPMG case: Brace for 'profound' impact?
Cott ruled that KPMG has to preserve the hard drive of every potential
class member. "Prudence favors retaining all relevant materials," Cott
wrote, pointing to the seminal e-discovery ruling, *Zubulake v. UBS
Warburg*<http://www.ediscoverylaw.com/2004/12/articles/case-summaries/zubulake-iv-court-denies-motion-for-adverse-inference-instruction-but-defendant-to-pay-for-redeposing-witnesses/>.
The magistrate judge reasoned that because McMahon, the district judge,
hasn't yet ruled on class certification in the KPMG audit associate case,
every entry-level auditor in the opt-in action is a potential "key player"
under *Zubulake*, whether in the Manhattan class action or in another case
that could be filed depending on how McMahon ultimately defines the class.

http://bit.ly/tolCXB

Source:
http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=32012&terms=@ReutersTopicCodes+CONTAINS+'ANV
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