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.
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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.

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

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• L.A. Fire Department Foundation
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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.

Discover the intricate details behind a pivotal court ruling involving Uber Technologies Inc. that is reshaping the landscape of electronic discovery. What happens when transparency in data preservation becomes paramount in litigation? Join me, Kelly Twigger, as I guide you through the unfolding legal drama of Uber's multi-district litigation over alleged sexual misconduct by its drivers. We'll unravel the implications of United States Magistrate Judge Lisa Cisneros' significant decision, focusing on the motion to compel Uber to reveal its litigation hold practices and ESI preservation details. As we explore this case, you'll gain valuable insights into the court's emphasis on the importance of custodial and non-custodial data in legal proceedings.

Understand the ripple effects of this ruling on large organizations and their ESI preservation obligations. The court's decision sheds light on the critical need for detailed information about data custodians and highlights the balance between proportionality and relevance in document preservation. We'll discuss how Uber's response to these demands has influenced the ongoing litigation and the broader implications for eDiscovery practices. Whether you're a legal professional or simply fascinated by the complexities of the legal system, this episode is packed with insights and practical guidance to keep you informed in the evolving realm of electronic data management.

Doe LS 340 v. Uber Techs., 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.

Do boilerplate objections put your case at serious risk? Discover how the Delaware Chancery Court's decision in Bocock v Innovate Corp. challenges conventional practices in ediscovery. Join me, Kelly Twigger, on the Case of the Week podcast as we unravel the consequences of general objections and potential waivers under the 2015 federal rules amendment. This episode promises to equip you with cutting-edge insights into cost recovery, attorney-client privilege, and how to effectively handle the burden of discovery in litigation. Whether you are a litigator or simply intrigued by the complexities of electronically stored information, there's a wealth of knowledge waiting for you.

In this episode, we dissect the timeline and pivotal moments of the Bocock case, highlighting the plaintiffs' costly misstep of failing to deliver specific discovery responses—a misstep that led to a crucial motion to compel. Gain a deeper understanding of the court's stance on the necessity for detailed responses and what it means for your litigation strategy. With actionable insights and analysis, this episode will help you navigate the evolving landscape of e-discovery, ensuring you stay ahead of the game. Subscribe now to enrich your legal expertise and gain practical strategies for your next case.

 Bocock v. Innovate 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 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
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.

Can the intentional deletion of text messages really cause a lawsuit to crumble? Join Kelly Twigger, as we unravel the intricacies of a pivotal Ninth Circuit Court of Appeals decision that led to the dismissal of a case due to spoliation sanctions. This episode uncovers the problematic actions of plaintiff Alyssa Jones in the Jones v. Riot Hospital Group LLC case, focusing on her alleged deliberate destruction of critical communications. By highlighting the appellate court's affirmation of the district court's decision, we delve into the concept of bad faith in handling electronically stored information and the dire consequences of not adhering to discovery obligations.

Explore the nuances of Rule 37(e)(2) sanctions and grasp the broader implications for litigation strategy and data preservation. We dissect how the Ninth Circuit's interpretation of intent and prejudice played a crucial role in this case’s dismissal and the inescapable need for comprehensive preservation of mobile data. With expert insights, this episode serves as a crucial reminder for legal professionals on the strategic use of discovery tools and taking proactive measures to preserve electronic data.
 
 Jones v. Riot Hosp. Group, LLC,
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.