Join Kelly Twigger in this Episode of Case of the Week as she examines the EEOC v. Formel D USA, Inc. case, highlighting the consequences of failure to preserve electronically stored information (ESI) and the impact it had on the court ordering the production of a litigation hold notice. Kelly explores the court's analysis under Rule 37(e), spoliation sanctions for lost text messages, and the debate around the GDPR's role in protecting data from U.S. discovery. This Episode offers key takeaways on self-collection, attorney-client privilege, and best practices for preserving ESI in litigation. Don’t miss the practical insights for litigation professionals navigating modern eDiscovery challenges.

EEOC v. Formel D USA, Inc.
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Additional cases mentioned in this episode:
United Illuminating Co. v. Whiting-Turner Contracting Co.
Doe LS 340 v. Uber Techs. Inc
United Illuminating
EEOC v. M1 5100 Corp. 

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.