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In Focus

E-Discovery: A question of costs

A discovery order in October against KPMG LLP hit the defense bar like a tire iron?the accountancy firm said the expense might run to $100 million dollars. To critics, the order was emblematic of out-of-control electronic discovery costs that litigants are using to bludgeon the opposition into settling. The scant statistics available don't necessarily bear it out, but practitioners and academics who specialize in electronic discovery can cite enough horror stories to support the conviction that there's a growing problem.

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