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Few e-discovery costs are taxable for prevailing parties

4th Circuit clarifies recoverable costs under Title 28 of the U.S. Code Section 1920(4)

See the breakdown of Gallo's e-discovery costs in this online exclusive.

The 4th Circuit clarified what e-discovery costs are taxable under Title 28 of the U.S. Code Section 1920(4) in its April 29 decision in The Country Vintner of North Carolina v. E & J Gallo Winery Inc. Put bluntly, their answer was: not much.

Minor Recoveries

Gallo argued that the unique nature of e-discovery makes things like processing and indexing necessary when “copying” electronically stored information (ESI). According to the decision, though Gallo “concedes that this process was far more involved than that necessary to copy paper documents, [it] argues that just as copying a table or dress requires a different approach than copying a paper document, copying ESI also requires a different approach.”

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