In Episode 154, Kelly Twigger discusses whether metadata is required when producing photographs, why you might want it, and whether the failure to produce data as an initial disclosure can lead to sanctions in Moore v. Garnand, Inc. (July 3
eDiscovery Bytes
eDiscovery Bytes, published by eDiscovery Assistant, focuses on the evolving challenges and strategies in electronic discovery (eDiscovery) within litigation. The blog covers topics such as the discoverability of AI-generated content, handling hyperlinked files in modern email systems, best practices for Slack data in discovery protocols, and practical approaches to managing cloud-based document versions. It also addresses legal rulings impacting eDiscovery, preservation obligations, metadata considerations, and the intersection of technology and law in managing electronically stored information (ESI). The content is aimed at helping legal professionals navigate complex eDiscovery issues with practical guidance and case law insights.
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Off the Cuff with Kelly Twigger
Kelly emphasizes the importance of identifying the story behind your case and leveraging different sources of electronically stored information (ESI) to build that narrative. From traditional custodial ESI to more unconventional sources like collaboration tools or city data, the focus…
Episode 153: Worried about Waiving Privilege via Inadvertent Production? You’ll Want to Read This.
In Episode 153, Kelly Twigger discusses the applicability of a 502(d) order to documents produced pre-litigation, the complexity of the analysis under FRE 502(b) following the alleged inadvertent production of documents and how a party can waive privilege in FTC…
Episode 152: eDiscovery Lessons for In-House Counsel on What Not To Do
In Episode 152, Kelly Twigger discusses how counsel’s failures in handling hard copy documents and supervising discovery efforts led to sanctions and what counsel needed to do differently in Domus BWW Funding, LLC v. Arch Ins. Co. (August 12, 2024)…
Episode 151: AI in the Courtroom: The First Discovery Case Featuring ChatGPT Citations
In Episode 151, Kelly Twigger discusses the first discovery decision with generative AI implications in a discovery context that arose when a party relied on what appear to be hallucinated citations in objecting to the granting of a protective order.…
Episode 150: A Litigator’s Guide to eDiscovery Case Law — Lessons from 150 Episodes of Case of the Week
In Episode 150, Kelly Twigger and David Horrigan discuss what we’ve seen since the 100th episode and the key issues plaguing litigators and legal professionals everywhere in ediscovery.
Introduction
Hi, and welcome to this week’s episode of the Case of…
Episode 149: Legal Hold Privilege in Jeopardy: What a Preliminary Showing of Spoliation Means for Your Case
In Episode 149, Kelly Twigger discusses whether a preliminary showing of spoliation overcomes privilege associated with the content and distribution of legal hold notices in FTC v. Amazon.com, Inc. (July 9, 2024).
Introduction
Welcome to this week’s episode of…
Episode 148: How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy
In Episode 148, Kelly Twigger discusses whether a party’s failure to preserve WeChat messages on a mobile device that may have been relevant to two overlapping litigation matters resulted in sanctions in Two Canoes LLC v. Addian Inc. (April 30…
Episode 147: How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions
In Episode 147, Kelly Twigger discusses how failure to halt Apple’s retention policy on Siri data led to crippling sanctions under Rule 37(e)(1) and the fine line of intent under Rule 37(e)(2) in Lopez v. Apple, Inc. (June 17, 2024).
Episode 146: Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation
In Episode 146, Kelly Twigger discusses how the failure to preserve text messages from a terminated employee’s supervisor led to sanctions and a denial of the employer’s motion for summary judgment, and the impact the decision has on government agencies’…