Race Tires Am. Inc.
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.
The high cost of electronic discovery has triggered intense efforts at reducing that cost through technological means, such as computer-assisted document review.
In the federal courts, the question of whether Rule 54(d) allows a prevailing party to recover as taxable costs its e-discovery expenses is a hotly contested issue, with no clear consensus yet emerging.