"Litigation costs continue to soar with the explosive growth of electronically stored information (ESI) attributable, among other things, to the proliferation of smart phones, electronic readers and social and other new media. By significantly increasing the cost of doing business in the U.S., this burden contributes to making the price of U.S. goods uncompetitive in world markets, while deterring foreign companies from moving here. Yet, these costs can be significantly reduced by clear rules governing e-discovery and the preservation of ESI.
Controlling litigation costs is the greatest concern of corporate counsel. Corporate counsel’s most important allies in bringing e-discovery costs under control are the defense counsel they use and the national defense counsel organizations."