Latest from eDiscovery Bytes

In episode 24 of #CaseoftheWeek, Kelly Twigger discusses the increasing importance and potential downsides of not complying with your duty on initial disclosures as well as sanctions for flouting the FRCP. The case, presided over by United States Magistrate Judge Robert T. Numbers II, is U. S. Tobacco Coop. V. Certain Underwriters at Lloyd’s 2021 WL 1341360 (E. D. N. C. 2021), April 9, 2021. Good morning and welcome to our #CaseoftheWeek for May…
In episode 23 of #CaseoftheWeek, host Kelly Twigger focuses on whether emails copied to in-house counsel are subject to privilege and whether assigning privilege to otherwise unprivileged documents constitutes a waiver of the privilege. The case we will be analyzing is Epic Games v. Apple Case No. 20-cv-05640-YGR (TSH). Transcription of Episode 23 Good morning and welcome to our #CaseoftheWeek for May 4th, 2021. Hard to believe we are already four months into this…
In this episode of #CaseoftheWeek we analyze whether a party that moves data to a new system during the preservation period is liable for spoliation under Rule 37(e). The case we will be discussing is Oracle USA, Inc. v. Rimini Street, Inc., 2020 WL 9209714 (D. Nev. 2020), September 21, 2020. Watch Next Episode Live #CaseoftheWeek streams live on the ACEDS YouTubeFacebookTwitter, and LinkedIn company pages. Subscribe to the ACEDS…
  With the continuing rise of text messages and social media posts as the communication tool of choice, we also see many of our #CaseoftheWeek episodes analyzing decisions that include the admission and authenticity of social media. On our April 20, 2021 episode, Kelly Twigger shares key ediscovery takeaways from the decision in one of the cases stemming from the unrest in the United States Capitol on January 6, 2021. The case is U.S. v.…
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…