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Discovery Cost-Shifting

Nextpoint, Inc.

Ediscovery Cost-Shifting: Law Firms Billing End Clients

Nextpoint, Inc. on

For years, there’s been a popular sentiment that the absence of economies of scale made ediscovery impractical for small law firms, especially those with infrequent cases. While that may have been a legitimate argument in...more

Epiq

Lawson v. Spirit AeroSystems Makes Significant eDiscovery Ruling on Cost-Shifting and Proportionality

Epiq on

The world revolves around data. Businesses and individuals generate data each day between work and personal communication. While electronic platforms provide convenience, efficiency, and flexibility in document review for...more

McGuireWoods LLP

Illinois Courts Deal With Privilege Presumptions: Part I

McGuireWoods LLP on

All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protection's applicability. But courts take different positions on whether any presumptions guide their...more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

Farrell Fritz, P.C. on

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

Troutman Pepper

Cost-Shifting Can Stimulate More Focused, Efficient Discovery in MDL Proceedings

Troutman Pepper on

Judges presiding over multidistrict litigation can reduce discovery abuse by requiring litigants to pay for “core document” requests and shifting production costs to plaintiffs who cannot meet some threshold showing of merit....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Snell & Wilmer

Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

Snell & Wilmer on

Under California Code of Civil Procedure section 2033.300, a court may permit a party to withdraw an admission made in response to a request for admission upon noticed motion. The court may only do so, however, “if it...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

BakerHostetler

Cost Shifting Ordered Due to Inadequate Meet and Confer

BakerHostetler on

Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery issues....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - February 2016

This is the third edition of The E-Discovery Digest, a periodic publication on notable decisions relating to key discovery topics. It is designed to keep clients up to date on the evolving state of the law regarding discovery...more

McAfee & Taft

2015 amendments to the Federal Rules of Civil Procedure now in effect

McAfee & Taft on

Amendments to the Federal Rules of Civil Procedure went into effect December 1. The rules committee’s objectives behind the amendments were to (1) reduce delay, (2) encourage judges to get more involved, (3) clarify the scope...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Foley & Lardner LLP

Electronic Discovery Costs and Requests for Cost-Shifting

Foley & Lardner LLP on

A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery...more

Cozen O'Connor

Shifting E-Discovery Costs to the Plaintiff in a Potential Class Action: a Pennsylvania Federal Court Tells Plaintiffs' Counsel to...

Cozen O'Connor on

In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC,...more

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