Each e-discovery development pushes the legal system further into the digital frontier, and cost-shifting is the latest topic at the helm. As every lawyer in America knows, the default rule of attorney fees is that each party must bear all of its own litigation costs, regardless of the outcome of the case. But, in our expanding world of big data, and as judges begin to confront the increasing expense of producing electronically stored information (ESI), that rule is necessarily evolving toward a new paradigm based on cost-shifting.
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