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
43 episodes
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...
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23:09
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...
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18:42
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 ...
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31:24
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 ...
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47:50
COTW: 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...
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18:22
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...
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23:34
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 ...
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2:21
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