D.C. Circuit Delivers High-Cost EDD Lesson

A recent decision from the U.S. Court of Appeals for the District of Columbia Circuit affirms an order requiring a nonparty to spend $6 million (9% of its annual operating budget) to comply with an e-discovery subpoena. The D.C. Circuit's ruling highlights the importance of counsel understanding issues related to e-discovery, and the potential scope of that discovery, before entering into any type of agreement governing the future conduct of discovery in the case.

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