Sensible Discovery: Effective Strategies to Streamline the Discovery Process and Save Clients Money

Robert Corp, Chul Pak, May 14, 2013

Defending private antitrust litigation can be a pricey undertaking, the result of several factors. The nature of the allegations often prompts courts to allow plaintiffs to engage in broad discovery that can cost a company millions and, given the typically high-stakes nature of antitrust matters, the defending companies have no choice but to invest significant resources to respond. Plaintiffs litigate these cases aggressively, particularly class-action lawyers, pushing prices further upwards. Antitrust cases often span a number of years, with millions of documents collected, produced, and reviewed. The recent explosion in electronic document generation and storage has significantly increased the litigation expenses.

With these daunting cost pressures, controlling discovery costs is an essential function of outside counsel and, fortunately, there are effective ways that can help reduce the litigation costs. A key theme running through each of these strategies is that they occur early in the case, as topics perhaps considered mundane or procedural can determine whether costs will eventually spiral out of control.

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