Millions of dollars trade hands each year by way of an obscure federal statute that allows prevailing parties to recover litigation costs. Increasingly, high stakes disputes arise over which, if any, eDiscovery costs can be recovered and how to pursue them.

Under the “American Rule,” each party is generally responsible for its own costs in litigation. But things could be getting a bit more British in the future, as advocates attempt to extend the federal “loser pays” cost-taking statute to cover a much larger universe of eDiscovery costs than it currently does. It’s a change that could drastically change discovery, and thus litigation generally, by allowing prevailing parties to recover a wide range of costs related to “duplicating” documents for discovery.    

Join the Hon. Joy Flowers Conti, Chief District Judge of the U.S. District Court for the Western District of Pennsylvania, and Michael Simon, Principal at Seventh Samurai and Adjunct Professor at Michigan State University College of Law, this Wednesday for a webinar exploring this increasingly pressing issue.

Attendees will gain insight into the history of eDiscovery cost-taxing, approaches for recovering eDiscovery costs, notable cases, and arguments likely to resonate with judges.