More On

Company is penalized for not engaging in proportionality analysis

KPMG "is hoist on its own petard" after seeking to limit the scope of its preservation obligations

Read more about 7 recent opinions shaping the e-discovery landscape.

In Southern District of New York Judge Colleen McMahon’s February 2012 decision in Pippins v. KPMG LLP, McMahon made clear that the court would have been willing to hear arguments about limiting or expanding the scope of preservation based on a proportionality argument. In a Fair Labor Standards Act case filed by former KPMG employees, KPMG had moved for a protective order to limit the scope of its preservation obligations. Its primary argument was that the cost of preserving the hard drives of thousands of former employees—at least $1.5 million, KPMG estimated—would be disproportionate to what was at stake in the case.

Associate Editor

Melissa Maleske

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.