eDiscovery Case of the Week with Kelly Twigger
Hosted by eDiscovery expert and practicing attorney Kelly Twigger, Case of the Week delivers insightful, no-nonsense analysis of the latest case law decisions shaping ediscovery and litigation practice. Each week, Kelly breaks down key rulings from courts across the country, highlighting practical takeaways for litigators and legal professionals. With a deep understanding of electronically stored information (ESI) and years of expertise in the field, Kelly equips listeners with the knowledge they need to navigate complex ediscovery issues and use case law to their advantage. Whether you're a seasoned litigator or just starting out, Case of the Week will keep you informed and ahead of the curve.
Episodes
36 episodes
Are you Focusing Enough on the Potential Implications of Mobile Devices in eDiscovery?
Unlock the secrets of mobile device discovery in litigation with our latest episode featuring Kelly Twigger. Explore the crucial decision in Wegman v. US Specialty Sports Association Inc., where Magistrate Judge Robert Norway's ruling highlight...
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Season 1
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Episode 132
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15:38
Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?
Join me, Kelly Twigger, as we unravel the pivotal decision in Coker v. Goldberg Associates, where a motion for sanctions over incomplete WhatsApp ...
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Season 1
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Episode 131
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16:54
How Failing to Meet and Confer Effectively Can Lead to Sanctions
Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.In this riveting breakdown of
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Season 1
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Episode 170
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21:03
Subpoenaing Cloud Data? What Every Litigator Must Know About the Stored Communications Act
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 dispute...
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Season 1
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Episode 167
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20:46
One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents
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. Expl...
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Season 1
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Episode 166
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23:37
Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators
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 ...
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Season 1
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Episode 165
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27:16
How Delaying Third Party Discovery Can End Up Costing You Dearly
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. Discov...
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Season 1
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Episode 129
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17:44
Are you Prepared to Handle Fabricated Evidence?
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, pres...
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Season 1
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Episode 139
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17:00
Looking Back and Moving Forward: Four Years of Case of the Week and the Future of eDiscovery and Legaltech
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, ...
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Season 1
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Episode 164
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1:15:45
Are Your Legal Hold and Preservation Processes Subject to Discovery?
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,...
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Season 1
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Episode 138
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18:11
Still Using General Objections? See How One Party’s Use Led to Waiver
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 ...
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Season 1
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Episode 137
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14:03
Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege
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? Th...
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Season 1
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Episode 136
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20:34
Another Example of Failure to Preserve Text Messages Leading to Dismissal
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 sancti...
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Season 1
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Episode 135
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16:37
Ready to File a Motion for Sanctions? Make Sure You Tell the Court.
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 o...
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Season 1
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Episode 163
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21:41
How Manner of Production Impacts Litigation Outcomes
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...
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Season 1
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Episode 162
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29:43
Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
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 Jud...
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Season 1
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Episode 149
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14:03
WeChat Woes: How Failing to Preserve Ephemeral Data Led to Sanctions in Two Canoes LLC v. Addian Inc
Unlock the secrets to a winning litigation strategy by mastering the art of preserving ephemeral data. What happens when critical evidence vanishes into thin air? This episode promises to arm you with essential insights from the pivotal case of...
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Season 1
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Episode 148
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16:31
How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions
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,...
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Season 1
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Episode 147
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19:58
Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation
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 ag...
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Season 1
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Episode 146
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18:43
AI in the Courtroom: The First Discovery Case Featuring ChatGPT Citations
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 po...
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Season 1
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Episode 151
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13:49
Understanding the Dominant Purpose Test for Determining Whether Privilege Applies
In this Episode, Kelly Twigger, CEO and Founder of eDiscovery Assistant, unpacks the complexities of attorney-client privilege using the ...
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Season 1
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Episode 161
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19:06
How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel
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 ...
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Season 1
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Episode 160
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18:28
How the Default Settings for the Deletion of Text Messages Can Impact Sanctions
In this episode of Case of the Week with Kelly Twigger, we dive into the recent decision in Safelite Grp., Inc. v. Lockridge to...
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Season 1
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Episode 159
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22:03
Worried about Waiving Privilege via Inadvertent Production? You’ll Want to Listen to This.
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 produ...
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Season 1
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Episode 153
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18:49