Technology: Using contract terms to manage e-discovery costs and burdens

Washington, D.C., partner Jay Brudz and Government & Regulatory Affairs attorney Amy Ramsey Marcos co-authored an article that was published in Inside Counsel. The article, titled, “Technology: Using contract terms to manage e-discovery costs and burdens,” is the first in a series that will explore how to control eDiscovery costs and how contract terms can help businesses avoid excessive costs and reduce burdens in operations.

Jay notes that eDiscovery is an inevitable part of any litigation that involves sophisticated business entities and discovery-limiting clauses can help ease the burden for courts and commercial litigants, which business can benefit from.

He said the courts have yet to consider the issue of discovery clauses being enforceable but there are several other areas in which procedural rules can be modified by agreement of the parties.