Top of mind for in-house counsel in this age of Big Data is controlling costs in e-discovery. Those costs can be enormous. One recent study: Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, Nicholas M. Pace and Laura Zakaras, RAND Institute for Civil Justice 2012, found that e-discovery costs in civil cases hover around $18,000 per gigabyte, but that a substantial number of cases involve costs in the range of $150,000 to $350,000 per gigabyte.

In complex litigation, poor choices at the outset of discovery can dramatically increase these already sky-high costs. Among the many choices that must be made in e-discovery — Who are the key custodians? Where are their files? How should duplicates be handled? — is the choice of what time standards to use for producing emails and other documents.

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