Under New York law, litigants bear the burden of financing their own lawsuits, and parties seeking discovery of documents assume the costs associated with the opposition’s production.[FOOTNOTE 1] Nonetheless, parties rarely or too infrequently seek reimbursement of significant e-discovery costs.

Attribute this, perhaps, to e-discovery anxiety, oversight or even an inability to navigate the process. This situation is also likely a result of corporate defendants’ experience in federal court, where costs are typically borne by the responding party.

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