Electronic Discovery Costs for Corporate Litigants & Insurance

Electronic Discovery Costs for Corporate Litigants
by Daniel B. Garrie

Electronically stored information, as defined by the Federal Rules of Civil Procedure, refers to electronically stored information, which constitutes evidence to be produced during pretrial discovery. This discovery process is known as electronic discovery (e-discovery). E-discovery can be especially expensive for corporate litigants, yet corporations do not pass these costs onto the offi cers, directors and employees who are custodians of their electronically stored information. Instead, corporations manage their litigation risks by obtaining Director’s & Offi cer’s Insurance (D&O insurance). However, the amount of D&O insurance coverage available to resolve litigation or protect against judgments is limited by the given policy available to the party seeking coverage. In addition, the amount of coverage provided by the policy is reduced by litigation fees and expenses applied against the coverage. [REQUEST A COPY]