Meet and Confer with Kelly Twigger
Meet and Confer is the podcast for litigators, eDiscovery professionals, and anyone who knows that in a world of electronically stored information, discovery strategy isn’t optional—it’s essential. Hosted by attorney and discovery strategist Kelly Twigger, each episode offers clear, practical discussions on how to effectively leverage the power of ESI to craft successful discovery strategies for any type of litigation. Topics include, navigating evolving rules, understanding emerging case law, and making the strategic decisions that shape the outcome of a case. Whether you're a seasoned litigator, brand new associate, in-house counsel, or law student, Meet and Confer helps you think critically, stay prepared, and master your discovery strategy for modern litigation.
Episodes
53 episodes
The Latest Decision on the Use of Generative AI Tools and Confidentiality
We break down Morgan v V2X, the most detailed federal ruling yet on generative AI, work product protection, and what happens when confidential discovery meet...
When the Platform Goes Dark: How Failure to Supervise Collection Led to Spoliation Sanctions
A single analytics export can decide whether your damages story looks like math or guesswork. This week, we take on a spoliation decision out of the Southern District of New York that every litigator handling ESI should read, because the lost e...
AI on Trial: The First Federal Rulings on Privilege and Generative Tools
Two federal rulings issued the same week just redrew the map for AI, discovery, and privilege. We break down how Warner v. Gilbarco framed Cha...
Slam Dunk for the Defense: How Missing Texts Cost an NBA Star His Case
The dramatic spoliation of evidence case of former NBA star Charles Oakley shows how failing to preserve text messages can severely damage litigation outcomes. Oakley's misrepresentations about his texting habits and phone upgrades led to subst...
Your Client “Saved Everything,” Said No iPhone Ever
Telling your client to “preserve their text messages” is not a preservation plan—and a new decision out of the District of Colorado makes that painfully clear.In this episode of Meet and Confer, Kelly Twigger breaks down Ped...
Phones, Chats, and Subpoenas: DOJ/FTC Guidance Meets Mobile Reality
Your chats are now your records. In this episode of Mobile Minutes sponsored by ModeOne Technologies, we dig into why mobile and off-channel messages—texts, WhatsApp, Signal, Slack, and Teams—have moved from “nice-to-have” discovery to core evi...
Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned
Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over.The real fight now is sharper—and it’s what makes the Carvana decision a must-read: when does a party have to pr...
The Ruling Is In: GenAI Prompts Are Core Discoverable ESI
Think your AI prompts disappear when you hit delete? Not when litigation lands. We unpack the OpenAI copyright MDL to show how courts are turning ChatGPT conversation logs into core electronic evidence—preserved, sampled, de-identified, and pro...
From “We Can’t” to “Here’s How” — A Practical Discussion on Hyperlinked Files in Discovery
We unpack how hyperlinked files and “modern attachments” change discovery, from Google Vault’s updates to Microsoft’s gaps, and how to defensibly restore parent–child context without breaking authenticity. Arman Gungor shares practical workflow...
The Modern Discovery Traps that Are Upending Cases
Kelly Twigger, our Founder and CEO, just marked five years of weekly case analysis. This retrospective highlights what five key rulings from the past five years teach about discovery in practice and where litigators are being tested now....
The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
What if the most important part of your email evidence is the message you didn’t receive? We dig into a timely antitrust class action centered on formulary placement for a multiple sclerosis drug and unpack a pivotal ruling on whether parties m...
More on Hyperlinked Files and How Your Technology Affects Your Obligations to Produce Them
The digital evidence landscape continues to evolve at breakneck speed, and nowhere is this more apparent than in the ongoing saga of the In re Uber Techs. Passenger Sexual Assault Litigation. Magistrate Judge Lisa Cisneros's March 2025 ruling d...
The $3 Million Lesson in What Not to Do in Discovery
What happens when discovery misconduct meets a high-stakes cancer detection technology dispute? A $292.5 million verdict, nearly $3 million in discovery sanctions, and potential disciplinary action against attorneys.The recent Guardant ...
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...
Mobile Minutes: Judge Xavier Rodriguez on Possession, Custody, or Control
The lines between personal and professional communications have forever blurred, leaving attorneys and judges grappling with a fundamental question: When does an employer have "possession, custody, or control" over data stored on an employee's ...
Analyzing a Shocking Court Decision Blocking Slack Discovery
The digital discovery landscape constantly evolves, creating new challenges for litigators navigating electronically stored information. Judge Godbey's March 2025 decision in Yvonne v. Solera Holdings exposes critical gaps between technology an...
Spoliation Sanctions: When Evidence Vanishes
What does it take for a court to dismiss a case due to spoliation of evidence? The SkyJet v. VSE Aviation decision provides a troubling answer to this persistent question in e-discovery jurisprudence.<br><br>When temperatures in a t...
Welcome to the Meet and Confer Podcast!
Ever feel like you're drowning in the ever-changing sea of electronic discovery? You're not alone. Drawing from over 25 years as a litigator and discovery strategist, I'm thrilled to introduce you to the newly rebranded Meet and Confer podcast ...
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...
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 ...
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
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...
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...
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 ...