Many lessons can be taken away from the 2013 electronic data discovery opinions.
First, be careful not to rely on the federal taxation-of-costs statute to recoup all EDD expenditures. The Fourth Circuit and the Federal Circuit both narrowly defined recoverable costs, albeit with slight variances. However, a federal court in California awarded defendants substantial attorneys’ fees associated with computer-assisted document review in a patent and trade secret case where defendants won summary judgment.
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