Parties involved in complex litigation face increasing e-discovery costs in almost every case. These costs are particularly acute in patent actions.
E-discovery has frustrated not only litigants, but courts as well, dismayed that despite the best intentions of the drafters of the 2006 amendments to the Federal Rules of Civil Procedure, e-discovery costs have spiraled out of control.
Hundreds of search terms. Dozens of employees, considered key "custodians," producing thousands of emails on a multitude of topics. Requests for electronically stored information (ESI) driving case strategy. E-discovery costs amounting to tens or hundreds of thousands of dollars.