by Kelly Twigger
How Courts Are Addressing AI-Generated Content in Discovery Disputes
Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging:
…
In Episode 168, Kelly Twigger discusses how the failure to provide initial disclosures led to the exclusion of evidence and denial of summary judgment and the importance of a party’s Rule 26 obligations in U.S. Bank N.A. v. Lindsey.
Introduction
Welcome to our Case of the Week segment on our podcast. My name is…
by Kelly Twigger
Why Text Messages and Ephemeral Data Are Now Critical in eDiscovery
For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to be found in text messages, WhatsApp chats,…
In Episode 167, Kelly Twigger discusses when and how a party can navigate the Stored Communications Act to seek data from a third party cloud provider via subpoena in Sihler v. Microsoft Corp.
Introduction
Hi and welcome to our Case of the Week segment on our podcast. My name is Kelly Twigger. I am the…
by Kelly Twigger
The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has been nothing short of transformative, with courts setting new precedent on everything from sanctions for lost mobile device data to the…
A Tactical Guide to Navigating the Evolving Discovery Landscape
BOULDER, COLORADO, February 12, 2025 – eDiscovery Assistant, the strategic command center for ediscovery, today announced the release of its 2024 Case Law Year in Review Report, a comprehensive analysis of over 5,000 ediscovery rulings shaping litigation strategy. This essential resource provides litigators with curated…
by Kelly Twigger
The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as a stark reminder that attorneys must actively supervise the identification, collection, and production of…
by Kelly Twigger
Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but the stakes have only grown higher. The volume of electronically stored information (ESI) continues to…
In Episode 166, Kelly Twigger discusses the importance of identifying and resolving discovery disputes in advance of the discovery cutoff as well as the court’s novel approach to allowing the parties to test the relevance of documents not produced given the disparity in produced documents vs. search term hits in Valeo Schalter und Sensoren GmbH…
In Episode 165, Kelly Twigger discusses the crucial question of whether a party can redact text messages for relevance absent an agreement between the parties and review a key discussion on how text messages have expanded as evidence rapidly in We the Protesters, Inc. v. Sinyangwe.
Introduction
Hi and welcome to our Case of…
