E-Discovery—Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

Now that computers and the Internet have radically changed the way businesses create and transmit information, questions about discovery rules in litigation continue to arise, such as which party should pay for producing electronic discovery. The courts are now considering cost shifting when the cost of production is unduly burdensome on the producing party by applying a seven-factor test. However, cost shifting is not always considered or granted, which is why it is important to have electronic documents relevant to anticipated litigation accessible in order to minimize the cost of producing electronic discovery. This Article will examine how courts are determining who should pay for electronic document production and suggest how lawyers should advice their clients in order to reduce the cost and burden of producing e-discovery