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.
Meet and Confer with Kelly Twigger
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, 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.
While this video was not AI-generated or a deepfake, it provides a fascinating glimpse into how courts evaluate fabricated evidence and offers key takeaways for anticipating similar challenges with emerging technologies.
Kelly dives into the Court’s analysis, including findings of bad faith, fraud on the Court, and the decision to dismiss the case with prejudice. Learn how litigators can address authenticity concerns early, leverage the Court’s inherent authority when procedural rules fall short, and safeguard their cases against the rising threat of manipulated digital evidence.
Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.
Frazier v. Se. Ga. Health Sys., Inc.
Read the blog about this case- eDiscovery Assistant Blog
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