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  • Are E-Discovery Costs Recoverable By A Prevailing Party?

    The costs of electronic discovery can be crushing. Such costs, moreover, can easily be imposed (with a few strokes of the word-processing key-board, a standard demand for documents and electronically stored information may issue). Some critics fear that e-discovery may be used as a weapon, to extract unwarranted settlements, merely as a means to avoid the burdens of e-discovery. Many courts and commentators suggest cooperation and early planning and judicial intervention as methods of reigning in such costs. But, so long as incentives exist to over-state e-discovery demands, such methods may be inherently limited.