Nine Points Impacting E-Discovery Costs

http://ow.ly/6prQI

Article by Steven Hunter on Quarles & Brady website.

This article discusses nine key points that are factors to address when discussing eDiscovery costs:

Discretionary Cost-Shifting.
The Meet and Confer
The Safe Harbor
Sanctions
Budget
Discuss (eDiscovery issues)
Know (jurisdiction)
Oversee (collection)
Document (steps taken)

As the article states, "Since 2003, 30 states have adopted rules or enacted statutes that specifically address ESI management, preservation and production in civil disputes. New York and seven other states have developed their own methods for managing e-discovery, while California (and 21 states like it) generally follows the Federal Rules of Civil Procedure. The remaining 20 states (e.g., Illinois) have yet to adopt any e-discovery rules, but most recognize "the increasing reliance on computer technology," and some explicitly (by judicial interpretation of existing discovery rules) obligate civil litigants to produce ESI as part of their state's existing discovery obligations."