An Inconvenient Forum – Reining In E-Discovery In The United States


The costs of litigation, particularly for

large companies, has continued to skyrocket

as electronic discovery moves from

the fringe of litigation to center stage.

Long, protracted e-discovery disputes

have become more common, and occur in

an environment where pitfalls are questionably

defined and liability can be daunting.

In fact, a recent survey of attorneys

conducted by the ABAdemonstrated that a

substantial majority of the interviewed

attorneys agreed that e-discovery is not

only overly burdensome, but has also disproportionately

increased the cost of litigation.

Cases are settled because of anticipated

cost rather than on the merits of the

action, and many lawsuits are simply not

brought from fear of the cost of litigation.

To preserve the function of the civil justice

system, something must be changed.

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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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