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
19 episodes
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
In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance
In this episode of Case of the Week with Kelly Twigger, we dive into a recent court decision that tackles the ever-present challenge of custodian selection in discovery. Should in-house counsel be included as custodians? And what factors...
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Season 1
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Episode 158
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12:30
Lessons in Drafting an FRE 502(d) Order to Insure Against Inadvertent Production
In this episode, Kelly Twigger breaks down a crucial FRE 502(d) order in the In re TikTok, Inc. In App Browser Privacy Litigation case. Learn how this order can protect you from inadvertent production of privileged material and why
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Season 1
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Episode 157
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21:26
How the Failure to Preserve Led to Production of the Legal Hold Notice
Join Kelly Twigger in this Episode of Case of the Week as she examines the EEOC v. Formel D USA, Inc. case, highlighting th...
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Season 1
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Episode 156
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18:22
Hyperlinked Files in eDiscovery -- Are they Attachments? Hear the Latest
In this episode, Kelly Twigger dives into a recent court ruling that addresses a key issue in modern discovery—are hyperlinked files the same as attachments? This decision, involving hyperlinked documents in emails, highlights the court’s stanc...
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Season 1
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Episode 155
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14:40
Finally! Well Reasoned Guidance on the eDiscovery Issues in Hyperlinked Files
In this week’s episode, Kelly Twigger dives into a key decision from In re Uber Technologies, Inc. Passenger Sexual As...
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Season 1
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Episode 141
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28:07
Do Hyperlinked Documents Need to be Produced?
In this week’s Case of the Week, Kelly Twigger breaks down the crucial decision in Nichols v. Noom Inc., 2021 WL 948646 (S.D.N.Y. 2021), a case with far-reaching implications for how legal teams manage the collection and production of ...
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Season 1
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Episode 20
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27:57
When Failure to Preserve Social Media Results in Dismissal in Gardner v. Wells Fargo
In this episode, Kelly Twigger reviews Gardner v. Wells Fargo, where the failure to preserve and produce social media led to a motion for dismissal sanctions. Learn the growing importance of social media in litigation and how failing to preserv...
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Season 1
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Episode 5
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22:46
Answering the Question of Whether you can recover costs for TAR in Lawson v. Spirit Aerosystems
In this episode, Kelly Twigger dives into the court's approach to cost recovery for Technology-Assisted Review (TAR) expenses in Lawson v. Spirit Aerosystems. Discover the factors courts consider for cost-shifting in eDiscovery and how to succe...
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Season 1
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Episode 4
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23:52
Using Technology-Assisted Review (TAR) in eDiscovery: Key Insights from Livingston v. City of Chicago
In this episode, Kelly Twigger discusses the use of Technology-Assisted Review (TAR) in eDiscovery, focusing on the court's decision in Livingston v. City of Chicago. Gain insights into how TAR can streamline document review, reduce costs, and ...
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Season 1
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Episode 3
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19:20
Insights into Preserving Video Evidence & Control of Third-Party Data in eDiscovery through EEOC v. MVM, Inc.
In this episode, Kelly Twigger explores the preservation of video evidence and control of third-party data under Rule 34 in EEOC v. MVM, Inc.. Learn how courts determine custodial control and why a failure to preserve can have significant conse...
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Season 1
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Episode 2
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18:34
The Pitfalls of Self-Collection in eDiscovery and your Rule 26(g) Obligations Explained in EEOC v. M1 5100 Corp
In this episode, Kelly Twigger, CEO and Founder of eDiscovery Assistant, discusses the crucial obligations of counsel under Rule 26 when supervising a client’s discovery efforts in an age discrimination case. Learn how inadequate involvement in...
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Season 1
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Episode 1
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9:52
