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Our #CaseoftheWeek for Episode 20 looks at the novel issue of hyperlinked attachments that are not included in a collection and how the producing party is required to ensure all documents are produced. Good morning and welcome to our #CaseoftheWeek for April 13th, 2021. My name is Kelly Twigger. I am the CEO of eDiscovery Assistant and the principal at ESI Attorneys and I’m proud to be with you. Robert E. Childress IIIFounder, The Master’s…
  Episode 19 of #CaseoftheWeek analyzes the decision in Vera Bradley v. Aixin Li, 2021 WL 1088323 (N.D. Ill. 2021) and the importance of detailing a motion to compel, when unsubstantiated proportionality objections become boilerplate, and how courts are treating ineffective privilege logs. Good morning and welcome to our case of the week for April 6, 2021. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the principal of…
The following is Part IV in a multi-part series on how to draft and leverage an ESI protocol in any litigation. Part I of our series discussed the When, How and Why in planning for and creating your ESI protocol. Part II addressed the Key Components of an ESI Protocol, and Part III walked through the Top 10 Situations You Can Avoid with a Protocol.  In conjunction with this series, eDiscovery Assistant has created…
In episode 18 of the ACEDS and eDiscovery Assistant #CaseoftheWeek, we discuss how legal hold letters in this week’s case were discoverable. Kelly goes over the details of the matter and why the court ruled that the letters were not privileged.   Good morning and welcome to our #CaseoftheWeek for March 30th, 2021. My name is Kelly Twigger and I am the CEO and founder of eDiscovery Assistant and the Principal at ESI Attorneys.…
Over the last few months, we have been sharing a new blog series around ESI Protocols. In Episode 17 of ACEDS‘ #CaseoftheWeek, host Kelly Twigger continues focusing on ESI Protocols with a case that highlights the importance of knowing your data before negotiating your ESI Protocol. The case is In re Valsartan, Losartan, and Irbesartan Prod. Liab. Litig. 2020 WL 7054284 (D.N.J. 2020) December 2, 2020, presided over by United States Magistrate Judge…
This week Doug Austin of eDiscovery Today joined Kelly Twigger to talk about the 2020 Case in Review Report — a joint collaboration between eDiscovery Assistant and eDiscovery Today. As Kelly and Doug discuss, the report is different than the average write up of case law, and talks through what we learned from judicial decisions this year, what we are seeing as trends in the case law not only in number, but as issues in…
  This #caseoftheweek highlights the importance of understanding FRCP 45 as it relates to a third party subpoena. We specifically look at proportionality and redactions in the scope of a third party subpoena seeking significant competitive data under FRCP 45 in In re Apple iPhone Antitrust Litigation 2021 WL 718650. Good morning and welcome to our #CaseoftheWeek for March 2, 2021. It’s very hard to believe that we are already into the third month of…
The following is Part III in a multi-part series on how to draft and leverage an ESI protocol in any litigation. Part I of our series discussed the When, How and Why in planning for and creating your ESI protocol. Part II addressed the Key Components of an ESI Protocol. In conjunction with this series, eDiscovery Assistant has created a new section in Checklists and Forms titled ESI Protocols that will include new content with…
Our featured #caseoftheweek on the ACEDS livestream evaluates the ediscovery decisions on Reed v. Royal Caribbean Cruises, 2021 WL 515624 (S.D. Fla. 2021) and the failure to preserve body cam video evidence.   Good morning and welcome to our #CaseoftheWeek for February 23rd, 2021. I am Kelly Twigger, the CEO and founder of eDiscovery Assistant and the principal at ESI attorneys. Through our partnership with ACEDS, each week we select and talk about a different…
A trial exhibit list is like an athlete. An athlete starts training with the championship in mind, not the next day or the next game.  The preparation and hard work devoted over the months come to fruition heading into the big game. The athlete is conditioned and prepared, only making minor adjustments on the final stretch. How to Create a Winning Trial Exhibit List Draft and implement an ESI Protocol Review the Judge’s Courtroom Procedures…