Wednesday, August 17, 2011

E-Discovery: 9 Points Impacting Discovery Costs




http://ow.ly/65MsW

Article by Steven Hunter, Esq. of Quarles & Brady, appearing on insidecounsel.com

This article outlines some of the issues that are having an impact on the costs pertaining to the eDiscovery phase of litigation.  The author highlights the following items, and mentions each of the following:

1. Discretionary Cost Shifting;
2. The Meet and Confer;
3. Safe Harbor (Rule 37, not to be confused with the EU Safe Harbor);
4. Sanctions;
5. Budgets;
6. Parameters of ESI preservation;
7. Know the jurisdictions trends for what conduct has been sanctioned;
8. Oversee data collection process; and
9. Document steps taken to prevent destruction of potentially relevant data.




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