‘Winner Takes All’ Emerging As New Cost-bearing Paradigm

May 25, 2011 – In The News
Association of Certified E-Discovery Specialists

John Gotaskie and Theodore Jobes served as the lawyers for Dirt Motor Sports in a successful case that awarded them more than $246,000 in e-discovery costs.

At the start, based on Race Tire America’s “aggressive” discovery demands, Judge Terrence F. McVerry approved a Scheduling Order that required Dirt Motor Sports to gather and disclose substantial discovery with the help of outside vendors. The defendant produced 490 gigabytes of electronic data that required a search of 270,000 server files. This complied with RTA’s request of 273 discovery items, including the production of metadata fields, .tiff imaging, and 7 million “hits” on potentially relevant files resulting from 442 search terms.

The ruling proved that those who demand such information will be forced to pay the bill.