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  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…
This week’s case covers Part II of the DR Distributors v. 21 Century Smoking decision from District Judge Iain Johnston in the Northern District of Illinois. Last week, in Part I, we discussed the lawyers’ violations of their ediscovery duties; this week in Part II, Doug Austin joins Kelly Twigger to discuss the multiple bases for sanctions under FRCP Rules 26 and 37 and what lawyers need to know when deciding under which rules…
This week’s case is a lengthy and well worth the read decision from District Court Judge Iain Johnston of the Northern District of Illinois. In a decision granting a motion for sanctions, but stopping short of issuing terminating sanctions, Judge Johnston articulates—with wonderful precision and a tongue in cheek approach—what lawyers obligations are in dealing with ESI and electronic discovery and how a failure to live up to those obligations in a very long running…
On this episode of our eDiscovery case law livestream, ACEDS and eDiscovery Assistant chose as the #CaseoftheWeek Barrow v. Dayton, 2021 WL 222930 (Ohio Ct. App. 2021), January 22, 2021. We focus on pitfalls of not understanding what’s in your data and whether sanctions are appropriate following failure to obey a discovery order when the parties don’t agree on search terms, and the ability to recover costs on a sanctions motion.    Good morning…
We built eDiscovery Assistant for our legal practice with one goal in mind — to make finding answers in ediscovery case law and rules faster. We don’t have hours to do research and our clients no longer want to pay for it. But ediscovery case law has been proliferating exponentially over the last ten years with no end in sight. And as technology continues to develop, the courts are left to constantly revisit whether and…
The #CaseoftheWeek for January 26, 2020 on the ACEDS’ social channels examined when the production of evidence from a Facebook group is relevant and how the court may provide access to a non-member for discovery based on 𝐇𝐚𝐦𝐩𝐭𝐨𝐧 𝐯. 𝐊𝐢𝐧𝐤, 𝟐𝟎𝟐𝟏 𝐖𝐋 𝟏𝟐𝟐𝟗𝟓𝟖 (𝐒.𝐃. 𝐈𝐥𝐥. 𝟐𝟎𝟐𝟏), 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 𝟏𝟑, 𝟐𝟎𝟐𝟏. Good morning and welcome to our #CaseoftheWeek for January 26th, 2021. I’m Kelly Twigger, CEO and founder of eDiscovery Assistant and the Principal at ESI…
Kelly Twigger dives into the duty to preserve video evidence, the standard for spoliation and whether an adverse inference was an appropriate sanction in Easterwood v. Carnival Corp., 2020 WL 6781741 (S.D. Fla. 2020) presided over by United States District Judge Beth Bloom in episode 9 of #CaseoftheWeek. Good morning and welcome to our #CaseoftheWeek for January 19, 2021. I’m Kelly Twigger, CEO and founder of eDiscovery Assistant and the Principal at ESI Attorneys. We’ve…