Cost-Saving Trends in Electronic Discovery

In 2006, the Federal Rules of Civil Procedure were amended to make clear that discovery of electronically stored information (ESI) “stands on equal footing with discovery of paper documents.” See Fed. R. Civ. P. 34(a) advisory committee’s notes (2006). The amendments, combined with the concurrent exponential growth in the creation and storage of ESI, led to a fundamental change in the nature and expense of litigation. Considerations regarding discovery of ESI, and particularly the cost thereof, now influence every stage of litigation, from the decision about whether to bring suit to determinations of liability. This article addresses several unfolding developments that could lead to reductions in the cost of e-discovery.