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Washington, D.C., partner Elizabeth Scully was quoted in an August 18, 2009, National Law Journal article, "For Litigators, a Different Kind of Recession." The article and Ms. Scully's quote were also posted to the ABA Journal and AmLaw Daily websites.

According to the article, the "wave of litigation that was supposed to swamp corporate America in 2009" has yet to materialize and general counsel appear to be doing anything they can to avoid spending money on litigation. There is a greater reluctance by companies to initiate litigation or defend themselves in court, according to the article. Instead, they are looking to apply the least expensive Band-Aid to their legal problems.

The rising costs of electronic discovery have made the prospect of litigation even less enticing. The cost of e-discovery is the primary reason the volume of litigation has not increased in the way it did after the last recession, according to several attorneys interviewed for the article. "It's a much more expensive process than it was even a few years ago," said Scully, who has extensive experience in e-discovery matters. "It makes logical sense that the cost associated with e-discovery may be one of the things changing the numbers."