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ARTICLE · 29 APRIL 2025

Rising Cost Of Discovery In Business Litigation

One of the principal consequences of shifting most business communications from paper to electronic media is that discovery in business litigation cases has become substantially more expensive.

United StatesLitigation, Mediation & Arbitration

One of the principal consequences of shifting most business communications from paper to electronic media is that discovery in business litigation cases has become substantially more expensive. Now, electronic searches, which often require hiring a third-party vendor, are frequently required. This increases expenses for all parties involved, without corresponding likelihood of a greater return from the litigation.

Consequences of Expensive Legal Discovery

As a result, many meritorious lawsuits are no longer filed – lawsuits that would have been pursued twenty years ago, which could have led to more affordable and efficient resolutions. For some, the rising costs of litigation have made it a less practical tool for businesses to protect their contractual rights, intellectual property, and other important relationships.

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