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The extent to which e-discovery costs are recoverable by prevailing parties in U.S. federal litigation has become a topic of controversy among courts and practitioners. This article focuses on cost recovery against non-prevailing parties after the conclusion of litigation. Some contend that very few e-discovery costs are recoverable. Others argue that such a reading of current law is nonsensical given the inherent complexities and costs associated with the handling of electronic data. Now, more than ever, knowing and understanding a jurisdiction’s decisions on the taxation of e-discovery costs can provide counsel with a significant edge. Focusing on this issue at the outset of litigation can help with negotiating reasonable e-discovery limits and maximizing the potential for cost-recovery at the end of the case.

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