While wading through the tons of Google Alerts I get each morning, I came across what has to be one of the best thought out and best written articles on ediscovery's costs and its impact on litigation.  I've read through quite a few articles on this subject, but none so thorough as this article; it's a real treat.  I won't bother trying to write a summary, as the second paragraph of the article itself actually sums it up perfectly:

"This article proposes a simple measure to rebalance the risks and rewards for parties involved in civil litigation, while preventing the potential abuse of e-discovery to extract nuisance settlements from defendants. Specifically, this article argues that all e-discovery should be stayed during the pendency of any motion to dismiss unless the plaintiff agrees to reimburse the defendant for all e-discovery costs in the event that the defendant's motion to dismiss is granted."

For the full article at Law.com, please click here.