The Price of Defeat: Navigating the High-Stakes ‘Loser Pays’ Rule
The federal statute regulating discovery cost recovery is little understood, but as discovery costs soar, it is becoming increasingly important. Here you’ll learn the history of cost-taxing in federal courts, as well as approaches and preconditions for recovering eDiscovery costs.

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.
This webinar digs into case law and judicial guidance on a little understood, but increasingly important issue. Speakers include Hon. Joy Flowers Conti, Chief District Judge of the US District Court for the Western District of Pennsylvania.
Watch now to learn:
- The history of eDiscovery cost-taxing in federal courts
- Approaches and preconditions for recovering eDiscovery costs
- Notable cases and outliers, including Supreme Court guidance
- Arguments likely to resonate with judges from plaintiff and defendant perspectives