The Changing Face of Litigation – Can the Loser Be Charged With the Other Party’s E-Discovery Costs?

While it may surprise some, the answer to that question is YES. As a result of the expanding volume of electronic data that must be produced in litigation, e-discovery costs have been one of the biggest concerns of both clients and lawyers for some time. Now, clients and lawyers alike have reason to stress about the costs even more. Recently, a federal court in the Western District of Pennsylvania held that the two prevailing defendants may recover e-discovery costs because such costs are the modern-day equivalent of duplication costs. While the judge took care to limit the ruling to the “unique” facts associated with this case, it has not stopped lawyers from speculating about what other cases might similarly fall within the purview of this ruling.

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There Is No Genuine Information Without Security

Whether we like it or not, information really is king. This has been true for a while now, but it is even more clearly so now. In one way or another we now depend upon digital information for almost everything: to protect us, feed us, cloth us, entertain us and, most importantly, inform us. Erosion of trust in the integrity of the information that we mutually consume and produce effects us all in ways which may not be immediately harmful, but are none the less detrimental to us collectively. Information is king, but trust is paramount in such a world.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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