An interesting case and one my team has been watching as well.  I think the
partner from Sutherland and Hedges were right that this is a fact-based
ruling on a specific case in a specific court, so perhaps (assuming it
isn't overturned on appeal) the end effect will be limited to the southern
district of NY.  I was disappointed, however, at Hedges' comment about
installing a server farm in Montana and just keeping everything.  Then
again, Ron's occassional mildly-flippant responses are part of his charm
... :)

Of more importance, I think, is the visibility of this case as an example
of the need for further guidance on discovery preservation obligations
across the board.  I'm happy to see the Judiciary and the House
Subcommittee taking up the issue and can only hope that one or both bodies
will conclude that the current landscape of civil litigation is frought
with agruably unnecessary uncertainty and cost.  IMO, the broader effects
of such state-based rulings will, eventually, affect local economies in
states in which the litigation landscape is more unfavorable than
others. And none of us need any more reasons for our economy to struggle.

On Sat, Nov 12, 2011 at 12:17 AM, PeterK <[log in to unmask]> wrote:

> KPMG Case Fuels Preservation Debate
>
> Electronic discovery experts are on alert about an upcoming preservation
> ruling in *Pippins v.
> KPMG*<
> http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202531099161&Case_Highlights_Potential_Benefits_of_ESI_Production_Cooperation
> >,
> 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.
>
>
>
> http://bit.ly/rxdxxP
>
> Source:
>
> http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202532246554&slreturn=1
> See if people are clicking on this link: http://bit.ly/rxdxxP+
> Try the bitly.com sidebar to see who is talking about a page on the web:
> http://bitly.com/pages/sidebar
>
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-- 
Julie J. Colgan, CRM

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