With the expense of conducting e-discovery ever present in determining litigation strategy, it is imperative that litigators be aware of the recent Commercial Division decision in MBIA Ins. Corp. v. Countrywide Home Loans Inc., which denied e-discovery “cost shifting.”1
Moreover, where business people now rely on electronically transmitted means of communication, including e-mails, instant messaging, and text messaging, New York courts have embraced this fact, and decisions addressing the discovery and use of e-communications relating to motions for summary judgment, trial and settlement are now increasingly being issued.
Cost Shifting
