The largest cost in litigation is discovery, an ever-growing percentage of which is electronic discovery (“e-discovery”). A 2012 study by the RAND Institute for Civil Justice found that the median cost for producing electronically stored information (“ESI”) in the cases studied was $1.8 million.1 And these expenses are only increasing. In response, the Federal Rules of Civil Procedure (FRCP) have been amended several times in recent years, with the latest amendments taking effect on December 1, 2015. These changes have already begun to significantly impact the scope and costs of discovery, including e-discovery—particularly due to the renewed emphasis on the need for “proportionality.”
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