eDiscovery Assistant

eDiscovery Assistant Blogs

Latest from eDiscovery Assistant

If you work with an ediscovery service provider or are a service provider, the Episode 32 of #CaseoftheWeek is an important one. Kelly Twigger discusses whether the work and communications with your ediscovery services provider are privileged. The cases we analyze are Pajak v. Under Armour, Inc. 2021 WL 2933173 (N.D. W. Va. 2021) and Pajak v. Under Armour, Inc. 2021 WL 2933174 (N.D. W. Va. 2021) both from July 12, 2021 and presided over…
Our #CaseoftheWeek for this past Tuesday looks at social media platform Snapchat and how a failure to preserve data or lack of proper client supervision on preservation of social media can lead to sanctions and spoliation. The case we discuss is Doe v. Purdue, 2021 WL 276405 (N.D. Ind. 2021) presided over by United States Magistrate Judge Joshua P. Kolar. Good morning and welcome to our #CaseoftheWeek for July 13, 2021. My name is Kelly Twigger.…
The following is Part VII 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, Part III walked through the Top 10 Situations You Can Avoid with a Protocol, and Part IV discussed Planning for the Production of Social
Episode 30 of #CaseofthWeek is an analysis of Klein v. Facebook and we look at the differences and scope of FRE 502(d) and 502(b) and the procedure under FRCP 26(b) on clawing back privileged documents. Good morning. Welcome to our #CaseoftheWeek for June 29th, 2021. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the principal at ESI Attorneys. Thanks so much for joining me this week. As you…
This week’s episode analyzes the importance of understanding the data types you have and how that information is stored. In Episode 29, we discuss whether and when a party can seek native production of documents after production has been made and the parties never formally agreed on a form of production. The case we analyze is Cody v. City of St. Louis, 2021 WL 2454215 (E.D. Mo 2021). Good morning and welcome to our…
For #CaseoftheWeek Episode 28, we discuss how the relationship of custodians to the allegations of the complaint impacts proportionality considerations on a motion to compel. The case we analyze is Blankenship vs. Fox News Network, 2020 WL 9718873 (S.D. W. Va. 2020) presided over by United States Magistrate Judge Omar J. Aboulhosn. Good morning and welcome to our #CaseoftheWeek for June 15, 2021. My name is Kelly Twigger. I am the CEO and founder of…
The following is Part VI 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, Part III walked through the Top 10 Situations You Can Avoid with a Protocol, and Part IV discussed Planning for the Production of Social
In Episode 27, we have chosen Maker’s Mark Distillery, Inc. v. Spalding Grp., 2021 WL 2018880 (W.D. Ky. 2021), April 20, 2021 as our #CaseoftheWeek. We analyze whether and when a party can request a producing party to do a new search on data collected by employees under the supervision of counsel where searches for email are done using Outlook. Good morning and welcome to our #CaseoftheWeek for June 8, 2021. My name is Kelly…
In Episode 26, Kelly Twigger of eDiscovery Assistant discusses the failure to preserve and produce video evidence and how it can lead to sanctions for spoliation. The case we are analyzing is Bursztein v. Best Buy, 2021 WL 1961645 (S.D.N.Y. 2021), May 17, 2021 presided over by United States Magistrate Judge Katharine H. Parker. Good morning and welcome to our case of the week for May 25, 2021. My name is Kelly Twigger. I am…