Bill Gallivan, Digital WarRoom: Ethical Cost Recovery in E-Discovery

Digital WarRoom

Extract from Bill Gallivan’s article “Ethical Cost Recovery in E-Discovery”

FRCP #1 is clear:

“These rules govern the procedure in all civil actions and proceedings in the United States ….. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Do your eDiscovery practices align with this rule?

Over the last several years, and certainly, since the 2015 amendments to the FRCP, litigators have successfully argued that eDiscovery was burdensome, inaccessible, and expensive for all but the largest and most complex matters. Recent trends indicate that judges are increasingly pointing to affordable software solutions as the basis for compliance with federal and state eDiscovery rules. We can all agree upon the following observations:

  • Almost all matters, large and small, require some manner of electronic discovery,
  • Compliance with discovery demands is evolving due to the widespread availability of affordable tools,
  • State Judges will no longer be lenient, and
  • Judicial oversight will increase.

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