Commercial Litigation and Arbitration

28 U.S.C. § 1404(a) & Electronic Discovery — Dissipated Importance of the Location of Documentary Evidence

A traditional factor that the Court considers in deciding a motion to change venue pursuant to 28 U.S.C. § 1404(a) is whether the location of witnesses and evidence and the parties' convenience strongly favors transferring the case. From Kabat v. Bayer Cropscience, 2008 U.S. Dist. LEXIS 41187 (E.D. Va. May 22, 2008): “‘[I]t is doubtful that ‘in the age of electronic discovery, the location of potentially relevant documents has much impact on the convenience of either party’" (quoting Finmeccanica S.p.A. v. Gen. Motors Corp., 2007 WL 4143074, at *7 (E.D. Va. Nov. 19, 2007).

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