Closing The Loop

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Looming Ruling on 'Loser Pays' Conundrum Could Cement Power Imbalance in Federal Courts

A case challenging whether it is lawful for a prevailing party in litigation to recover eDiscovery fees, often the most daunting of all legal costs, has percolated up to the Eighth Circuit Court of Appeals, where a three... Robert Hilson   |     05 May 2017

Millions of dollars are up for grabs because courts can't figure out if e-discovery costs are recoverable

Several years ago, when electronic discovery was still in its youth, federal courts wrestled mightily with the question of whether certain e-discovery costs can be recovered by parties who prevail at trial or win a dispo... Robert Hilson   |     07 Jun 2016

New court decision, same old eDiscovery thinking

Normally, parties are responsible for paying their own costs. But as litigants have grown more assertive in their attempts to recoup those costs upon obtaining successful judgments, court orders requiring the losing part... Robert Hilson   |     04 Mar 2016

The unexamined consequences of taxing eDiscovery costs against losers

Image courtesy of theupstart.co. Robert Hilson   |     14 Jul 2015
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