Electronic discovery has changed the economic profile of litigation surrounding high-stakes disputes. The volume of information that now arrives in the form of electronically stored information is reflected in the “e” before “discovery.” The altered economic profile of discovery comes from the new and different expenses associated with making ESI accessible for document review and analysis in relation to any given piece of litigation.
There have been several instances of what many have considered overzealous advocacy during discovery; instances when parties have tried to drive outcomes through strategies that force discovery costs as high as possible. The use of this particular strategy has resulted in some very expensive discovery, and the use of sanctions, special masters, and discovery masters by some judges, in an effort to focus outcomes on substantive issues rather than cost.
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