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This is the sixth column in a series addressing the challenges and opportunities presented by litigating in forums with no e-discovery rules. Read parts one, two, three, four and five here. This column discusses how your company can use uncertain state court rules to your advantage to create a more level playing field. When neither party is certain whether the court may award e-discovery expenses as taxable costs for a prevailing party, both sides have an incentive to avoid unnecessary e-discovery expense.

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