Meet and Confer with Kelly Twigger

Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege


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Unlock the secrets of managing privilege and document preservation with Kelly Twigger on the Case of the Week podcast. What happens when giants like Lubrizol and IBM clash over contract breaches and the nuances of electronic information law? This episode promises to equip you with critical insights into Rule 502(d) and the timing of preservation duties—a must-know for any litigator in the digital age. Judge Jennifer Dow Armstrong's expert navigation through the competing motions between these corporate titans provides a rich tapestry of lessons on strategic litigation.

In a groundbreaking discussion, we unravel IBM's document preservation practices and their consequential waiver of privilege in spoliation claims. Discover why the timing of preservation duties is pivotal and how a well-crafted privilege log can tip the scales in litigation anticipation. This episode serves as a cautionary tale, highlighting the importance of timely data preservation in an era of rapid technological change. Whether you're a seasoned attorney or just starting out, this episode offers indispensable strategies for staying ahead in the legal realm.


Lubrizol Corp. v. IBM Corp
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Thank you for tuning in to Meet and Confer with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on creating cost-effective discovery strategies leveraging ESI, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy.

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Meet and Confer with Kelly TwiggerBy Kelly Twigger

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