Civil Litigation,
Alternative Dispute Resolution
Feb. 18, 2012
eDiscovery: Hard drives, hard decisions on data
When an eDiscovery mediation breaks down, the consequences are severe.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Pippins et al. v. KPMG LLP, filed in the U.S. District Court for the Southern District of New York (2012) is instructive on why and how mediation of eDiscovery disputes can be effective as well as what are the consequences when negotiations break down and the parties are relegated to the wrath of the court. Plaintiffs in this case brought suit under federal and state labor laws for recovery of "improperly denied overtime wages," claiming they were not paid overtime wages for tim...
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