Jackson Kelly PLLC

Anticipation of Litigation Advisor

Anticipation of Litigation Advisor

June 26, 2019

By: William "Bill" J. Aubel and Jessica L. Robey

Are eDiscovery Costs Still Recoverable after the Supreme Court’s
decision in Rimini Street, Inc. et al. v. Oracle USA, Inc.?

A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party.  Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs.  Specifically, litigants often point to section 1920(4), under which a court may award “fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case.”  (Click here to read more.)

“I’m Only Human”

Attorneys are limited in the number of documents they can review and identify per day in a large discovery production. Luckily, technology-assisted review (“TAR”) is a useful tool to expedite review time when humans cannot handle it all. When set up correctly, TAR can return more accurate and complete results than any human review team, and can do it much faster. This is good news because we’re only human, after all.  (Click here to read more.)

 

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