The distinction between e-discovery and discovery becomes less and less useful as technology becomes more deeply embedded in our daily lives and businesses. Regardless of the name, because of the pervasiveness of electronic evidence, attorneys must find ways to control the costs of discovering and producing electronically stored information (ESI).
To be sure, the costs associated with the discovery of ESI and the presentation of electronic evidence at trial can be staggering. In Abbott Point of Care v. Epocal, a recent case involving claims of patent infringement and tortious interference with employment contracts, the defendant submitted a bill for costs of $550,348 following a jury verdict in its favor. Two line items accounted for more than half of the bill: $175,390 for “e-discovery database charges” incurred during discovery and another $165,108 for similar charges incurred during trial. Abbott, No. CV–08–S–543–NE, 2012 WL 7810970at *2 (Nov. 5, 2012).
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