Meet and Confer with Kelly Twigger

How the Default Settings for the Deletion of Text Messages Can Impact Sanctions


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In this episode of Case of the Week with Kelly Twigger, we dive into the recent decision in Safelite Grp., Inc. v. Lockridge to explore the critical implications of text message preservation settings in eDiscovery. Kelly examines whether a cease-and-desist letter triggers the duty to preserve ESI, how auto-deletion of texts can lead to spoliation, and what courts consider when issuing sanctions under Rule 37.

Featuring expert insights from Jerry Bui of Right Forensics, we discuss:

  • Whether default settings retain or delete text messages 🛠️
  • How metadata can reveal when phone settings were modified 🔄
  • Why quick action is essential to ensuring critical ESI isn’t lost

Listen now to learn practical strategies for avoiding sanctions and how to leverage ESI to tell a compelling story in your case.

Safelite Grp., Inc. v. Lockridge
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Have questions for Kelly or have a specific decision you would like us to cover? Reach out at [email protected]

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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