Editor’s Note: Since this story went to press, Judge Colleen McMahon, of the Southern District of New York, denied KPMG’s request to set aside Magistrate Judge James Cott’s decision in Pippins v. KPMG, below.
It has been five years since the 2006 e-discovery amendments to the Federal Rules of Civil Procedure became law, and in the interim, more than half of the U.S. states have adopted some form of electronic data discovery rulemaking. Case law has rapidly evolved from the humble pronouncements of just a few technology-savvy federal judges. During 2011, we saw more opinions at the state court level and heard recommendations from EDD special masters. But even with the tremendous development of case law, some concerns haven’t changed, including worries about the difficulty of effectively managing the ever-increasing volume of data and controlling the escalating costs of preservation.
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