E-Discovery Cost Recovery in the Digital Age

http://ow.ly/8S84r

An article by H. Christopher Boehning and Daniel J. Toal published on the law.com website on the LTN webpage.

This article discusses the issues involved in seeking recovery of costs for eDiscovery expenses incurred during litigation.

The article references the factors involved in whether costs are recoverable and provides specific topics to consider.  The article states, "The question that remains is what e-discovery costs are recoverable. Courts confronting this question have identified five elements that a party must establish to tax its adversary with e-discovery costs: (1) the party seeking costs must have been the "prevailing party"; (2) the costs must stem from a modern equivalent of "copying"; (3) the costs must have been necessary; (4) the costs must be reasonable; and (5) the costs must be sufficiently documented to support the other elements.

Although these elements provide a useful analytical framework, they provide an uncertain guide as to how courts will actually rule on requests to recover e-discovery costs."