Co-authored by: Gil Keteltas In reviewing an opponent’s production of electronically stored information (ESI), you may start out with the common sense question, “What information is missing that I expected to see based on the claims and defenses in dispute?” This question, a somewhat informal “gap analysis,” is central to two recent employment litigation decisions … Continue Reading
Co-authored by: Gil Keteltas Given the significant costs of electronic discovery in complex litigation, it is no surprise that an increasing number of parties are litigating whether e-discovery costs are taxable against a losing party under 28 U.S.C. § 1920(4). The Third Circuit recently weighed in on this question in Race Tires America, Inc. v. … Continue Reading