Meet and Confer with Kelly Twigger

Join us as we delve into the intersection of electronic discovery and cloud technology in this insightful episode. The discussion pulls apart the complexities surrounding the Stored Communications Act (SCA) and its pivotal role in legal disputes involving cloud services, spotlighting the recent case of Sihler v. Microsoft Corp . Here, we dissect how consent plays a critical role in retrieving comm...

Unlock the secrets of staying ahead in the fast-paced world of ediscovery with insights from the Valeo Schalter und Sensoren GmbH v. NVIDIA Corp . case. Explore how United States Magistrate Judge Virginia DeMarci's strategic approach to discovery timing ensures that legal teams meet crucial deadlines and avoid the growing trend of courts denying late submissions. Understand the critical impor...

Unlock the secrets of mastering electronic discovery with Kelly Twigger as we navigate the complex landscape of handling text messages in litigation. How do you handle non-responsive information in ESI without stepping on legal landmines? Join us as we dissect Magistrate Judge Gary Stein's pivotal ruling in "We the Protesters Inc vs. Sing Yong Wei," a case that underscores the cruci...

What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation v. BMW case. Discover how Beacon's late acquisition of essential source code from BMW's third-party supplier, Harman, put their litigation strategy on thin ice. Desp...

This week on Case of the Week with Kelly Twigger , we explore a groundbreaking decision from Frazier v. Se. Ga. Health Sys., Inc. , involving alleged fabrication of video evidence in a medical malpractice lawsuit. The case, presided over by Judge Lisa Wood, highlights critical issues surrounding the authenticity of video evidence and the use of a court's inherent authority to impose sanctions...

In this special anniversary episode of Case of the Week , Kelly Twigger celebrates four years of the series and the conclusion of 2024 with esteemed guests Stephanie Wilkins , former Editor-in-Chief of LegalTech News and current Content Director at Legaltech Hub , and Aaron Patton, better known as Gates Dogfish, a prolific eDiscovery meme creator and Managing Director at TrustPoint . Together, the...

Discover the intricate details behind a pivotal court ruling involving Uber Technologies Inc. that is reshaping the landscape of electronic discovery. What happens when transparency in data preservation becomes paramount in litigation? Join me, Kelly Twigger, as I guide you through the unfolding legal drama of Uber's multi-district litigation over alleged sexual misconduct by its drivers. We&...

Do boilerplate objections put your case at serious risk? Discover how the Delaware Chancery Court's decision in Bocock v Innovate Corp. challenges conventional practices in ediscovery. Join me, Kelly Twigger, on the Case of the Week podcast as we unravel the consequences of general objections and potential waivers under the 2015 federal rules amendment. This episode promises to equip you with...

Unlock the secrets of managing privilege and document preservation with Kelly Twigger on the Case of the Week podcast. What happens when giants like Lubrizol and IBM clash over contract breaches and the nuances of electronic information law? This episode promises to equip you with critical insights into Rule 502(d) and the timing of preservation duties—a must-know for any litigator in the digital...

Can the intentional deletion of text messages really cause a lawsuit to crumble? Join Kelly Twigger, as we unravel the intricacies of a pivotal Ninth Circuit Court of Appeals decision that led to the dismissal of a case due to spoliation sanctions. This episode uncovers the problematic actions of plaintiff Alyssa Jones in the Jones v. Riot Hospital Group LLC case, focusing on her alleged deliberat...

Unlock the secrets of perfectly timed sanctions motions in electronic discovery with insights from Judge Ian Johnston's recent decision in Groves Inc versus RC Bremer Marketing Associates. Join me, Kelly Twigger, as we dissect the intricacies of when to file these critical motions without missing the mark. You'll gain valuable perspectives on how strategic communication with the court an...

Ever wondered how the nuances of electronic discovery could make or break a legal case? Discover the pivotal role of document production and organization as host Kelly Twigger guides you through the intricacies of eDiscovery in this week's Case of the Week podcast. Gain insights from the Partners Insight LLC versus Gill case, emphasizing why clarity in document production requests is a must t...

Curious about whether legal holds are protected by privilege? You won't want to miss this week's breakdown of a landmark decision in the Federal Trade Commission versus Amazon case. We explore the intricacies of Amazon's legal battle, where Judge John Chun tackles whether Amazon must produce document preservation notices and instructions about the use of ephemeral messaging applicat...

In this episode of Case of the Week with Kelly Twigger , we dive into a significant decision from Lopez v. Apple, Inc. , issued by U.S. Magistrate Judge Sallie Kim on June 17, 2024. This case explores critical eDiscovery issues, including proportionality, spoliation, and sanctions, stemming from Apple’s data retention policies for Siri interactions and alleged privacy violations. Plaintiffs claim...

In this episode of Case of the Week with Kelly Twigger , we delve into a pivotal decision addressing the failure to preserve electronically stored information (ESI) and its costly consequences. The case highlights a retaliation claim against the City of Atlanta, centering on the loss of critical text messages and the resulting sanctions. Kelly breaks down the District Court's analysis under F...

In this groundbreaking episode of Case of the Week , host Kelly Twigger dives into the first discovery decision implicating generative AI in legal research— Iovino v. Michael Stapleton Assocs. In this case, the Court uncovers potentially "hallucinated" citations submitted by the plaintiff’s counsel, raising serious ethical questions. Did generative AI like ChatGPT play a role in fabricat...

In this Episode, Kelly Twigger , CEO and Founder of eDiscovery Assistant , unpacks the complexities of attorney-client privilege using the dominant purpose test from the recent In re Uber Technologies Passenger Sexual Assault Litigation case. She offers practical insights for litigation professionals on privilege determinations, inadvertent productions, and effective processes for resolving discov...

In this Episode of Case of the Week with Kelly Twigger , we dive into a legal cautionary tale that every litigator should know. What happens when protected information inadvertently makes its way to the press? Kelly explores a recent court decision that sanctioned counsel for unintentionally violating a protective order—shedding light on Rule 37(b) and why timing, diligence, and immediate action a...

In this episode of Case of the Week with Kelly Twigger , we dive into the recent decision in Safelite Grp., Inc. v. Lockridge   to explore the critical implications of text message preservation settings in eDiscovery. Kelly examines whether a cease-and-desist letter triggers the duty to preserve ESI, how auto-deletion of texts can lead to spoliation, and what courts consider when issuing sanctions...

In this episode of Case of the Week , Kelly Twigger explores the applicability of a 502(d) order to pre-litigation documents in the complex case of FTC v. Amazon.com, Inc. (August 1, 2024). Kelly breaks down how inadvertent production and redactions play into privilege waivers under FRE 502(b) , highlighting the challenges Amazon faced managing privileged documents across multiple investigations....

In this episode of Case of the Week with Kelly Twigger , we dive into a recent court decision that tackles the ever-present challenge of custodian selection in discovery. Should in-house counsel be included as custodians? And what factors impact the scope of a custodian list? Kelly breaks down the decision, focusing on the court’s application of Rule 26 proportionality and practical strategies for...

In this episode, Kelly Twigger breaks down a crucial FRE 502(d) order in the In re TikTok, Inc. In App Browser Privacy Litigation case. Learn how this order can protect you from inadvertent production of privileged material and why  having a 502(d) order could be a costly mistake. Kelly walks you through Judge Rebecca Pallmeyer's recent ruling, providing practical tips on how to leverage Rule...

 Join Kelly Twigger in this Episode of Case of the Week as she examines the EEOC v. Formel D USA, Inc. case, highlighting the consequences of failure to preserve electronically stored information (ESI) and the impact it had on the court ordering the production of a litigation hold notice. Kelly explores the court's analysis under Rule 37(e), spoliation sanctions for lost text messages, and th...

In this episode, Kelly Twigger dives into a recent court ruling that addresses a key issue in modern discovery—are hyperlinked files the same as attachments? This decision, involving hyperlinked documents in emails, highlights the court’s stance on the higher burden of producing hyperlinked files and how litigators need to navigate this growing challenge. Kelly unpacks the practical implications o...

 In this week’s episode, Kelly Twigger dives into a key decision from In re Uber Technologies, Inc. Passenger Sexual Assault Litigation , issued by U.S. Magistrate Judge Lisa Cisneros. The episode explores the challenges of hyperlinked files in the context of an ESI protocol, highlighting issues with cloud-stored data and the production of contemporaneous versions of documents. Kelly breaks down t...