In Country Vintner of North Carolina, LLC v. E. & J. Gallo Winery, Inc., 718 F.3d 249 (4th Cir. 2013) (No. 12-2074), the Fourth Circuit held that e-discovery costs are largely unrecoverable in a post-trial bill of costs pursuant to 28 U.S.C. § 1920. The Fourth Circuit followed the Third Circuit’s decision in Race Tires America, Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012), which has become the leading case on the subject. In Races Tires, the court held that e-discovery costs are not recoverable. The Fourth Circuit agreed, and held that where e-discovery costs appear excessive, the appropriate remedy is to seek protective order under Fed. R. Civ. P. 26; a party “cannot obtain the same relief from § 1920, which ‘imposes rigid controls on cost-shifting in federal courts.’”