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.

Unlock the secrets of mobile device discovery in litigation with our latest episode featuring Kelly Twigger. Explore the crucial decision in Wegman v. US Specialty Sports Association Inc., where Magistrate Judge Robert Norway's ruling highlighted the increasing responsibilities of preserving electronically stored information (ESI) on mobile devices. This episode is your key to understanding the legal intricacies of mobile device usage in the workplace and the necessity for clear data preservation policies. Delve into the challenges organizations face, from user deletions to the limitations of cloud storage solutions like iCloud.

Enhance your eDiscovery expertise as we journey through the complexities of mobile device data preservation. Discover the obstacles posed by lost or damaged devices and factory resets, and learn about data recovery techniques that can mitigate these issues. This episode serves as a valuable resource for legal professionals looking to optimize their electronic discovery processes. With insights drawn from significant cases like Hunters v. City of Seattle and NRA Pork, we provide actionable strategies to ensure compliance and improve litigation outcomes. Don't miss this opportunity to refine your litigation strategies in the evolving landscape of eDiscovery.

Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.

Wegman v. U.S. Specialty Sports Ass’n, Inc.
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
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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.

 Join me, Kelly Twigger, as we unravel the pivotal decision in Coker v. Goldberg Associates, where a motion for sanctions over incomplete WhatsApp audio file productions takes center stage. This episode is your chance to master the nuances of ediscovery case law, guided by the insights of United States Magistrate Judge Barbara Moses. We'll explore the depths of bad faith in ediscovery, the critical definitions of possession and control, and the significant consequences of failing to meet discovery obligations. Learn how timing and thoroughness in document production can protect your client's position and influence the outcomes of Fair Labor Standards Act disputes.

Discover the complexities of modern communication tools like WhatsApp in legal proceedings and how neglecting a privilege log can lead to a waiver of privilege. Examine the strategic implications for the plaintiff and why early court intervention can be a game-changer in discovery disputes. Whether you're grappling with data preservation plans or understanding the impact of employee departures on e-discovery, this episode equips you with actionable insights to navigate today's legal landscape. Stay ahead in your practice and ensure that you're not caught off guard by the ever-evolving challenges of electronically stored information as evidence.

 Coker v. Goldberg & Assocs. PC
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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.

Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.

In this riveting breakdown of Wilbert v. Pyramid Health, we explore how one attorney's "mandatory" approach to ediscovery backfired dramatically. When plaintiff's counsel served a 30-page "Mandatory ESI Plan" on opposing counsel and then allegedly created "egregious barriers" to meaningful discussion, the court didn't just deny his motion to compel—it ordered him to show cause why he shouldn't face sanctions.

The decision highlights a troubling trend judges call the "drive-by meet-and-confer," where attorneys go through the motions without actually engaging in good faith discussions. Judge Hardy leaves no room for interpretation: "The conferral obligation is not a bargaining chip to be offered in exchange for a concession on a disputed discovery process." This clear statement reminds practitioners that cooperation isn't optional—it's required by the rules.

For litigators handling electronically stored information, this case serves as both warning and guidebook. We explore why having internal ediscovery protocols is wise, but attempting to unilaterally impose them on opposing counsel is a recipe for disaster. The discussion includes practical takeaways for ensuring your discovery approach satisfies proportionality requirements while avoiding the pitfalls that led to potential sanctions here.

Whether you're crafting discovery requests or responding to them, this analysis will help you navigate the complex landscape of ediscovery cooperation with greater confidence and effectiveness. Subscribe to hear more insights on how to leverage ESI while staying within the boundaries courts expect.

Links mentioned in episode:

Wilbert v. Pyramind Healthcare, Inc.
Read the blog about this case- Minerva26 Assistant Blog
Minerva26 Website
Sign up for Kelly's Case of the Week Newsletter here
Minerva26 Free 7 day Trial (no credit card required)

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.

Join us as we delve into the intersection of electronic discovery and cloud technology in this insightful episode. The discussion pulls apart the complexities surrounding the Stored Communications Act (SCA) and its pivotal role in legal disputes involving cloud services, spotlighting the recent case of Sihler v. Microsoft Corp. Here, we dissect how consent plays a critical role in retrieving communications from service providers like Microsoft, especially in light of rising digital evidence in litigation.

Examine the relevant details of the Sihler v. Microsoft case, where the court confronted the challenges of evidentiary requirements as they relate to cloud communications. We explore how the ruling offers clarity on lawful consent and the steps necessary for legal practitioners seeking data from third-party providers. This examination reveals actionable insights and guidance for litigators navigating this evolving legal framework. 

Stay connected with us for more in-depth insights into e-discovery practices, and subscribe to ensure you don’t miss our upcoming episodes filled with expert commentary on the latest trends and legal developments. Don’t forget to check out our blog for additional resources!

Links mentioned in episode:
Sihler v. Microsoft Corp.
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.

Unlock the secrets of staying ahead in the fast-paced world of ediscovery with insights from the Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. case. Explore how United States Magistrate Judge Virginia DeMarci's strategic approach to discovery timing ensures that legal teams meet crucial deadlines and avoid the growing trend of courts denying late submissions. Understand the critical importance of early identification and strategic planning for electronic sources of information, which can make or break a case. We'll reveal how resolving disputes through letters rather than motions can drive efficiency and align with the goals of the Federal Rules of Civil Procedure.

Gain a deeper understanding of discovery disputes and deposition preparation intricacies, as we dissect Judge DeMarci's methods in handling document production and data organization challenges under Rule 34. Learn about the delicate art of negotiating document production methods upfront to prevent chaos later, and the importance of clear communication in 30(b)(6) depositions. Join us to uncover the strategies necessary for navigating the complexities of legal proceedings and ensuring trust in the information production process.

Links mentioned in episode:
UF E-Discovery Conference
Valeo Schalter und Sensoren GmbH v. NVIDIA Corp.
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.

Unlock the secrets of mastering electronic discovery with Kelly Twigger as we navigate the complex landscape of handling text messages in litigation. How do you handle non-responsive information in ESI without stepping on legal landmines? Join us as we dissect Magistrate Judge Gary Stein's pivotal ruling in "We the Protesters Inc vs. Sing Yong Wei," a case that underscores the crucial need for written agreements on redacting text messages. With mobile device data playing an increasingly significant role in legal disputes, these insights are indispensable for legal professionals aiming to stay ahead in their game.

Get ready to transform your approach to eDiscovery with the latest case law updates and strategies to enhance your legal tactics. We bring you actionable insights from recent decisions, drawing essential parallels with landmark cases to help you leverage ESI more effectively. This episode is your guide to excelling in managing electronic discovery processes, ensuring you're equipped with the knowledge to negotiate and request ESI with precision. Subscribe, listen, and empower yourself with the expertise to navigate the ever-evolving world of eDiscovery.

Links mentioned in this episode:
University of Florida eDiscovery Conference

How to help those affected by the California fires:

• L.A. Fire Department Foundation
• American Red Cross of Greater Los Angeles
• World Centra Kitchen

Cases Mentioned:
We the Protesters, Inc. v. Sinyangwe
Hunter’s Capital, LLC v. City of Seattle
Maziar v. City of Atlanta
Safelite Grp., Inc. v. Lockridge
Lubrizol Corp. v. IBM Corp.
Al Thani v. Hanke
In re Actos Antitrust Litig.

Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.

What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation v. BMW case. Discover how Beacon's late acquisition of essential source code from BMW's third-party supplier, Harman, put their litigation strategy on thin ice. Despite strategic maneuvers to extend fact discovery, the court slammed the door shut, raising the stakes for both sides. You’ll gain insights into the court's analysis through a five-factor test under Rule 37C and how Beacon narrowly avoided the exclusion of pivotal evidence, highlighting the unforgiving nature of discovery timelines.

Peeling back the legal tactics, we focus on the critical role of third-party discovery and timely disclosures under the Federal Rules of Civil Procedure. Through our discussion, learn about the increasing trend of courts barring undisclosed evidence and how early third-party engagement is more crucial than ever. This episode serves as a wake-up call for legal professionals, emphasizing the importance of strategic planning in cases involving electronically stored information. The lessons from Beacon’s ordeal underscore the necessity for meticulous management of discovery obligations, reminding us that the courtroom is no place for procrastination.

Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.

 Beacon Navigation GmbH v. Bayerische Motoren Werke AG
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.

This week on Case of the Week with Kelly Twigger, we explore a groundbreaking decision from Frazier v. Se. Ga. Health Sys., Inc., involving alleged fabrication of video evidence in a medical malpractice lawsuit. The case, presided over by Judge Lisa Wood, highlights critical issues surrounding the authenticity of video evidence and the use of a court's inherent authority to impose sanctions.

While this video was not AI-generated or a deepfake, it provides a fascinating glimpse into how courts evaluate fabricated evidence and offers key takeaways for anticipating similar challenges with emerging technologies.

Kelly dives into the Court’s analysis, including findings of bad faith, fraud on the Court, and the decision to dismiss the case with prejudice. Learn how litigators can address authenticity concerns early, leverage the Court’s inherent authority when procedural rules fall short, and safeguard their cases against the rising threat of manipulated digital evidence.

Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.

Frazier v. Se. Ga. Health Sys., Inc.
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.

In this special anniversary episode of Case of the Week, Kelly Twigger celebrates four years of the series and the conclusion of 2024 with esteemed guests Stephanie Wilkins, former Editor-in-Chief of LegalTech News and current Content Director at Legaltech Hub, and Aaron Patton, better known as Gates Dogfish, a prolific eDiscovery meme creator and Managing Director at TrustPoint. Together, they reflect on the evolution of eDiscovery, share insights into major industry trends, and explore what lies ahead for legaltech in 2025.

Highlights of this episode include:

• Reflections on the Past Four Years: Key milestones in eDiscovery case law and how the pace of legal decisions continues to accelerate.
• Hot Topics in eDiscovery: A deep dive into the ongoing debate over hyperlinked files versus traditional attachments, mobile device discovery challenges, and the implications of generative AI on the legal landscape.
• 2025 Predictions: Expert insights into the rise of agentic AI, private equity's growing influence in legaltech, and the future of AI-driven tools for discovery.
• Practical Tips for Legal Professionals: Strategies for leveraging technology, understanding client data sources, and staying ahead of emerging issues in eDiscovery.

Kelly, Stephanie, and Aaron bring their unique perspectives and humor to an engaging discussion, blending industry expertise with practical takeaways. Tune in to learn how to navigate the complexities of electronically stored information (ESI) and prepare for what’s next in eDiscovery and legal technology.


Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

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.