Meet and Confer with Kelly Twigger

How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions


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In this episode of Case of the Week with Kelly Twigger, we dive into a significant decision from Lopez v. Apple, Inc., issued by U.S. Magistrate Judge Sallie Kim on June 17, 2024. This case explores critical eDiscovery issues, including proportionality, spoliation, and sanctions, stemming from Apple’s data retention policies for Siri interactions and alleged privacy violations. Plaintiffs claim Apple failed to preserve critical Siri data after the duty to preserve was triggered, leading to allegations of bad faith and spoliation.

Kelly unpacks the Court’s analysis under Rule 37 of the Federal Rules of Civil Procedure, highlighting Apple’s shifting data policies, the implications of their auto-deletion practices, and the Court’s decision to leave the question of intent for the jury. The episode covers the harsh sanctions imposed on Apple and provides practical takeaways for litigators on proactive preservation strategies, navigating asymmetrical data, and presenting solutions to courts in preservation disputes.

Don’t miss this compelling breakdown of a case with far-reaching implications for privacy, preservation, and the ever-evolving standards in eDiscovery.

 Lopez v. Apple, Inc. (June 17, 2024)
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#eDiscovery #CaseLaw #DataPreservation #Spoliation #Sanctions #LegalTech #Proportionality #Rule37 #PrivacyLaw #LitigationStrategy #ElectronicDiscovery #DataRetention #CourtDecisions #LegalInsights 

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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