An Update on Recovery of E-Discovery Costs by a Prevailing Party

摘要

An earlier article suggested that the award of e-discovery-related costs to prevailing parties in litigation could become an important tool in controlling excessive expenses for electronic discovery.1 The article highlighted CBT Flint Partners, LLC v. Return Path, Inc. ,2 in which a trial court awarded the prevailing party $243,453 in fees for services of an e-discovery vendor used to "collect, search, identify and help produce" electronic documents. The court noted that "[t]axation of these costs will encourage litigants to exercise restraint in burdening the [other] party with the huge cost of unlimited demands for electronic discovery."