Law360, New York (November 6, 2012, 3:07 PM EST) -- While the issue of predictive coding has recently been the "hot" discovery issue in high stakes litigation, a little noticed but critically important issue is flying under the radar. Whenever a person claims that an economic dispute is "not about the money," we all know it's definitely about the money. The issue of shifting costs in litigation is unquestionably all about the money. And an important question that litigants are facing is who is responsible at the end of a losing case for bearing the e-discovery costs that were incurred in achieving that victory. Because the threat of having to pay the other party's litigation costs serves as a serious deterrent to filing cases, especially for consumers and other small damage classes, it will be fascinating to watch as this plays out in the appellate courts and possibly in the U.S. Supreme Court....