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Technology Today: 'Pippins' Order Highlights Preservation Burdens
December 9, 2011
To read the article, click here.
Litigation partners H. Christopher Boehning and Daniel J. Toal
authored an article discussing Pippins v. KPMG,
LLP. In this case, KPMG, unable to agree with plaintiffs on
the scope of preservation, moved for a protective order to limit
the scope of preservation of computer hard drives or to shift the
preservation costs to plaintiffs.
Instead, Magistrate Judge James L. Cott of the Southern District of
New York issued a Memorandum and Order requiring KPMG to "preserve
the hard drives of thousands of former employees" who could fall
within an as yet uncertified nationwide Fair Labor Standards Act
collective and/or a New York State class, at a potential cost of
millions of dollars for KPMG.
KPMG ‑ supported by an amicus brief filed by The Chamber of
Commerce of the United States of America ‑ has since asked Judge
McMahon to set aside the Memorandum and Order. The article,
"'Pippins' Order Highlights Preservation Burdens" appeared in the
Technology Today section of the December 6 New York Law
Journal. Litigation associate Maxwell AH Kosman assisted in
the preparation of this article.