Business Litigation Report -- January 2013

In This Issue:

Shifting the Growing Costs of E-Discovery; Quinn Emanuel Continues the Expansion of International Arbitration Practice with the Addition of Stephen Jagusch; Aesthetic Functionality and the Use of “Color Marks” in the Fashion Industry; Practice Area Updates: Patent Litigation; Securities Litigation; European Litigation; and Summary Judgment Victory for Google in Jurin v. Google Inc. and Other Victories.

Excerpt from Shifting the Growing Costs of E-Discovery -

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, litigants spent nearly $2.79 billion dollars on e-discovery, a 43% increase from the amount spent just a year earlier. See George Socha & Tom Gelbmann, A Look At The 2008 Socha-Gelbman Survey, Law Tech. News, Aug. 11, 2008. In a more recent case study of Fortune 500 companies, the RAND Institute found that the median total cost for ESI production among participants reached the astounding sum of $1.8 million dollars per case. See Nicholas Pace & Laura Zakaras, Rand Institute for Civil Justice, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, 28 (2012). Given the sheer volume of email and other electronic documents stored in the cloud and on company servers, hard drives, and handheld devices that are potentially responsive to discovery requests, these e-discovery costs will only continue to rise in 2013 and beyond.

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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