This is Part 6 of a multipart blog series on cost recovery.
For the time being, what costs are allowed will partially depend on the jurisdiction where the case is being decided. However, how the costs are characterized and itemized, and what positions parties have taken during discovery may also have a significant impact.
To have the best chance of recovery, negotiations in regard to production formats should be carefully documented and bills of cost should be prepared in line with applicable case precedents. Invoices should also be sufficiently detailed and descriptive.
Want more information about cost shifting in eDiscovery? Click here to download the Modus/Reed Smith white paper Pursuing eDiscovery Cost Recovery for a complete picture.