Regardless of Judge Nolan’s decision in the case, Faccone
speculates that Kleen won’t have quite the level of impact many
in the e-discovery community are expecting.
“The outcome of this case aside, I don’t think this necessarily will have long-range implications on the predictive coding
question,” she says. “Either way this case is decided, the facts
are so unique that people will be able to rationalize and analogize those facts to their particular case one way or the other.”
Pippins v. KPMG LLP
Decided on Feb. 3 in the Federal District Court for the Southern
District of New York, Pippins is a putative class action lawsuit
brought by former audit associates at tax and advisory services
firm KPMG. The plaintiffs alleged that they were improperly
denied overtime wages and were seeking to recover payments
under the Fair Labor Standards Act (FLSA).
KPMG filed a motion before Magistrate Judge James Cott
seeking a protective order pursuant to Rule 26(c) of the Federal
Rules of Civil Procedure to limit the scope of its preservation
obligations. The advisory firm objected to having to preserve
computer hard drives for thousands of former employees who fell
within a potential nationwide FLSA collective action, estimating
that the cost of preserving each hard drive was about $600, and
that preserving more than 2,500 hard drives would cost at least
$1.5 million. To keep costs down, KPMG asked the court to
determine whether a random sampling of a small number of hard
drives would be sufficient to fulfill its preservation obligations.
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