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.

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