Federal E-Discovery: Court Allocates Costs for Data Security in Discovery

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Court Allocates Costs for Data Security in Discovery,” appeared in the October 1 issue of the New York Law Journal. The authors discuss a recent decision by the U.S. District Court for the Southern District of New York addressing the novel question of how to allocate data security costs in a lawsuit during discovery. In United States v. Anthem, the court established a new test to determine when and whether cost shifting between parties in the lawsuit may be appropriate. Grounded in the principles of reasonableness and proportionality, the Anthem test provides valuable precedent and guidance, advancing the law on this important and timely topic. Deputy chair and counsel, e-discovery, Ross Gotler assisted in the preparation of this article.

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