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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…
The following is Part II 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. 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 each part of this series. The most important part of…
We continue to examine the decisions, specifically on the application for fees following the allocation of TAR expenses, in Lawson v. Spirit Aerosystems, Inc. on this episode of #CaseoftheWeek. Good morning and welcome eDiscovery enthusiasts. I’m Kelly Twigger and welcome to our first ACEDS‘ #CaseoftheWeek for 2021. Happy New Year to all of you. I hope that each one of you is safe and healthy as we start 2021 and may this be a…
  This #CaseoftheWeek is based on a viewer request received by CEO Kelly Twigger. Kelly discusses the proportionality of discovery requests including requests for admission and appropriate protections in Oswald v. Costco Wholesale Corp., 473 P. 3d 809 (Idaho 2020). The case was presided over by Justice Roger S. Burdick.   Good morning and welcome to our #Caseoftheweek for January 12, 2021. I hope the beginning of your year is off to a good…