A recent American College of Trial Lawyers/Institute for the Advancement of the American Legal System survey revealed 83% of lawyers believe the resolution of a case was typically determined by costs -- especially discovery-related -- not merits. And 68% believe many cases do not get filed because of prohibitive litigation costs. Armed with increasing technical proficiency, attorneys have learned different ways to use e-discovery and its associated costs to blackmail opposing counsel into settlement. Here are some tips for minimizing e-discovery challenges: 1. Adopt and follow an effective document retention policy. 2. Preserve early. 3. Take it one step at a time. 4. When asking for electronically stored information (ESI) from your adversary, be precise. 5. Limit the number of potential ESI sources for your employees. 6. Train your employees.