In Episode 153, Kelly Twigger discusses the applicability of a 502(d) order to documents produced pre-litigation, the complexity of the analysis under FRE 502(b) following the alleged inadvertent production of documents and how a party can waive privilege in FTC v. Amazon.com, Inc. (August 1, 2024).
Introduction
Welcome to this week’s episode of our…
In Episode 152, Kelly Twigger discusses how counsel’s failures in handling hard copy documents and supervising discovery efforts led to sanctions and what counsel needed to do differently in Domus BWW Funding, LLC v. Arch Ins. Co. (August 12, 2024).
Introduction
Welcome to this week’s episode of our Case of the Week series brought…
In Episode 151, Kelly Twigger discusses the first discovery decision with generative AI implications in a discovery context that arose when a party relied on what appear to be hallucinated citations in objecting to the granting of a protective order. Iovino v. Michael Stapleton Assocs., Ltd. (July 24, 2024).
Introduction
Welcome to this week’s…
In Episode 150, Kelly Twigger and David Horrigan discuss what we’ve seen since the 100th episode and the key issues plaguing litigators and legal professionals everywhere in ediscovery.
Introduction
Hi, and welcome to this week’s episode of the Case of the Week series, brought to you by eDiscovery Assistant in partnership with ACEDS. My…
In Episode 149, Kelly Twigger discusses whether a preliminary showing of spoliation overcomes privilege associated with the content and distribution of legal hold notices in FTC v. Amazon.com, Inc. (July 9, 2024).
Introduction
Welcome to this week’s episode of our Case of the Week series brought to you by eDiscovery Assistant in partnership with…
In Episode 148, Kelly Twigger discusses whether a party’s failure to preserve WeChat messages on a mobile device that may have been relevant to two overlapping litigation matters resulted in sanctions in Two Canoes LLC v. Addian Inc. (April 30, 2024).
Introduction
Welcome to this week’s episode of our Case of the Week series brought…
In Episode 147, Kelly Twigger discusses how failure to halt Apple’s retention policy on Siri data led to crippling sanctions under Rule 37(e)(1) and the fine line of intent under Rule 37(e)(2) in Lopez v. Apple, Inc. (June 17, 2024).
Introduction
Welcome to this week’s episode of our Case of the Week series brought to…
Email threading is one simple approach to streamlining your eDiscovery.
Almost every event I attend has a session on eDiscovery analytics. And with good reason — when you’re facing a database of several thousand to millions of documents, you need ways to figure out what’s there without reviewing every single document. Let’s face it, that’s…
In Episode 146, Kelly Twigger discusses how the failure to preserve text messages from a terminated employee’s supervisor led to sanctions and a denial of the employer’s motion for summary judgment, and the impact the decision has on government agencies’ obligations to preserve data from mobile devices in Maziar v. City of Atlanta (June 18…
In Episode 145, Kelly Twigger discusses the Court’s ruling on multiple issues in the parties proposed ESI protocol in the latest decision in In re: Insulin Pricing Litigation, including another chapter in the saga of hyperlinked files and how existing technology impacts a party’s obligation to provide them in discovery.
Introduction
Welcome to this…
