Technology: Using e-discovery clauses in commercial contracts to restrict sanctions and shift costs

Using contract terms can introduce a high degree of predictability and help e-discovery run more smoothly

This is the fifth installment in a series of articles exploring the use of contract terms to limit the costs and scope of e-discovery in disputes between business entities. In this round, we will examine the inclusion of terms that shift costs and limit sanctions based on an agreed-upon e-discovery framework.  

In previous installments, we have reviewed the benefits of using contract terms to make e-discovery more predictable. Those benefits have included increased clarity regarding discovery obligations, reduced preservation and production costs, and an easing of burdens on courts and commercial litigants.

Contributing Author

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Jay Brudz

Jay Brudz is a partner in Drinker Biddle's Commercial Litigation Practice Group and co-chair of the Information Governance and eDiscovery practice. 

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Contributing Author

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Amy Ramsey Marcos

Amy Ramsey Marcos is an attorney in Drinker Biddle’s Government and Regulatory Affairs Practice Group and assists on data management and information governance...

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