Federal court orders losing party to pay the costs of computer-assisted review

The decision adds to a growing split in the federal courts over what discovery costs are recoverable

Learn how other courts have ruled on the issue of cost recovery.

Responding to e-discovery demands remains an important but budget-busting stage of litigation. Recently, several courts have issued decisions supporting the use of computer-assisted review to reduce e-discovery expense, sometimes ordering the losing party to foot part or all of the bill.

Judge Anthony Battaglia agreed, holding that “the plaintiffs unreasonably pursued trade secret claims after having been notified of their evidentiary deficiencies by two magistrate judges and one district court judge.”

In considering the costs incurred for computer-assisted review, the court looked at the process the defendants used to review nearly 12 million records. 

Michael Kozubek

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