October 12, 2017 civil procedure

Cost-Shifting in Discovery after the 2015 Amendments to Rule 26

By Charles S. Fax

In 2013 I wrote a Litigation News column titled “A Trend Toward Cost-Shifting in Discovery?” The story began by citing Pippins v. KPMG, a federal case in which KPMG objected to the e-discovery sought by Pippins on the ground that it would cost almost $21 million to organize the electronic records sought. Nevertheless, the court made the conventional ruling that each party must bear its own litigation costs, and KPMG was ordered to make the production at its own expense.

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