Electronic Discovery

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News & Analysis as of May 21, 2013

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

by Carey Busen | BakerHostetler on 5/8/2013

As we’ve discussed multiple times, the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire...more

Shifting the Growing Costs of E-Discovery

by Quinn Emanuel Urquhart & Sullivan, LLP on 1/31/2013

Since the arrival of e-discovery in the mid-1990s, the cost of collecting, copying, reviewing, sorting, processing and producing electronically stored information (“ESI”) has grown exponentially. In 2007, for example,...more

Recoverability of e-Discovery Costs in Federal Court: An Update

by Snell & Wilmer L.L.P. on 4/18/2012

Last summer, we discussed the split of authority regarding the recoverability of e-discovery costs by a prevailing party in federal court under 28 U.S.C. § 1920. Generally, a court may award “[f]ees for exemplification and...more

Let's Be Reasonable: Recent Federal Circuit Actions Follow Trend Toward E-Discovery Reform

by Sutherland Asbill & Brennan LLP on 2/2/2012

The U.S. Court of Appeals for the Federal Circuit recently held that expenses associated with a third-party electronic database service can constitute taxable costs. In re Ricoh Co., Ltd. Patent Litig., No. 2011-1199,...more

Aspartame Assessment Of E-Discovery Costs Largely Affirmed

by Dechert LLP on 10/12/2011

Last August we posted about a notable clerk’s order in the Eastern District of Pennsylvania that taxed, as costs, several hundred thousand dollar’s worth of e-discovery expenses against the losing party in an antitrust...more