E-Discovery Cost-Shifting

http://ow.ly/6RvfI

An article by Ronni Solomon and Andrew H. Walcoff published on the Metropolitan Corporate Counsel website.

The article discusses cost-shifting under Federal Rules of Civil Procedure, under Rules 26(b)(2)(B) and Rules 26(b)(2)(C) and 26(c).  The article points on the limitations of those Rules, and describes the situations where such Rules can be effectively applied to shift costs.  The article then discusses a recent trends that allows a prevailing party to seek recovery for eDiscovery costs.  The authors state, "...here is another potentially useful means to recoup e-discovery costs after the case is over, namely through taxing of "exemplification" or "copying" costs under 28 U.S.C. § 1920(4). While the basic cost-taxing provision has existed for decades under 28 U.S.C. § 1920, allowing prevailing parties to recover costs spent on clerk and marshal fees (28 U.S.C. § 1920(1)), deposition transcripts (28 U.S.C. § 1920(2)), witness fees (28 U.S.C. § 1920(3)), and certain other costs, we have discerned a marked trend in recent years toward parties seeking - and often obtaining - reimbursement for e-discovery costs under 28 U.S.C. § 1920(4)."

The article goes on to cite several cases regarding the requested use of cost recover under 28 U.S.C. § 1920(4).

If you are faced with a situation where you are not able to shift cots for eDiscovery, but you prevail on the merits of this case, this article is certainly worth using as a resource.