Race Tires America: District Court Identifies Another Tool to Shift E-Discovery Costs

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Key Points:

A prevailing party may be able to recover at least some of its e-discovery costs at the conclusion of a case.

Costs arising from “highly technical” e-discovery tasks not able to be performed by attorneys or paralegals are more likely to be recoverable.

Recovery also more likely for e-discovery costs shown to be a direct result of discovery requests or of negotiated or court-ordered procedures.

Whether e-discovery costs relating to processing paper documents and electronic documents are recoverable varies by jurisdiction.

Any recovery requires sufficient documentation of what e-discovery tasks were performed and demonstration of the purpose of those tasks.

Please see full article 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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