Many lessons can be taken away from the electronic data discovery (EDD) opinions handed down by the courts during 2013.
First, be careful not to rely on the federal taxation-of-costs statute to recoup all EDD expenditures. The US. Court of Appeals for the Fourth Circuit and the Federal Circuit both narrowly defined recoverable costs, albeit with slight variances. However, a federal court in California awarded defendants substantial attorney fees associated with computer-assisted document review in a patent and trade-secret case in which the defendants won summary judgment.
