If you or your clients are using generative AI tools to analyze facts or draft litigation strategy, two new federal rulings show that privilege protection may turn on facts most litigators are not yet asking about.
By Kelly Twigger
By Kelly Twigger and John Patzakis
Implementing AI within a corporate environment is no longer a matter of “if” but “how.” We recently addressed these challenges in our webinar, “Navigating Legal and Compliance Risks in AI,” where our panel of
By Kelly Twigger
If you’re still treating text messages like “informal” evidence—something you’ll circle back to later, or something your client will “just keep”—Peddada v. Catholic Health Initiatives Colorado is your warning shot.
Case of the Week
In Episode 177, Kelly Twigger discusses how the failure to preserve text messages when plaintiff upgraded his phone multiple times led to an adverse inference instruction in Oakley v. MSG Networks, Inc.
Introduction
Welcome to this week’s episode of the
By Kelly Twigger
Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over.
The real fight now is sharper—and it’s what makes the Carvana decision a must read: when does a
By Kelly Twigger
Welcome to the final Case of the Week for 2025! As we close out the year and look toward a fantastic 2026, we are doing something a little different. Rather than focusing on a
Email used to be predictable. You collected the mailbox, and you received the message and its attachments as a clean parent–child family. Modern collaboration has changed that. A growing share of “attachments” are now links to Google
This is the second part of a three-part series of tech tips on Slack as ESI. You can read Part 1 here.
When Slack is a key platform for evidence for your case, making sure what the parties agree
Background
A boutique defense firm was in a discovery standoff with opposing counsel. Opposing counsel refused to produce hyperlinked Google Docs embedded in Gmail, arguing they were not attachments and could not be tied to parent emails. The judge ordered
