In Episode 163, Kelly Twigger discusses the the Court’s perspective on the timing of filing a sanctions motion and the groundwork to be laid by counsel in advance in Groves Inc. v. R.C. Bremer Mktg. Assocs.
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eDiscovery Assistant Blogs
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Navigating Modern eDiscovery Challenges: Hyperlinked Files, Mobile Devices, and Sanctions – Oh My!
The rapid evolution of technology has brought transformative changes to how we manage ediscovery. With the rise of collaboration tools, the ubiquity of mobile devices, and the ever-growing demands for electronic evidence, litigators are facing new, complex challenges. During my
Episode 162: The Critical Role of Manner of Production in Litigation
In Episode 162, Kelly Twigger discusses the scope of manner of production under Rule 34 and a party’s obligation to organize documents prior to production in Partners Insight, LLC v. Gill.
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eDiscovery Assistant Achieves WBENC Certification
Milestone Certification Highlights Commitment to Diversity, Innovation, and Excellence in Legal Technology
BOULDER, COLORADO, November 20, 2024- eDiscovery Assistant, eDiscovery Assistant, a leading SaaS platform simplifying the complexity of ediscovery for litigation professionals, today announced it has been certified
Episode 161: Understanding the Dominant Purpose Test for Determining Whether Privilege Applies
In Episode 161, Kelly Twigger discusses the ever complicated issue of whether policy language sent to in-house counsel for review is privileged in the latest decision from In re Uber Techs., Inc. Passenger Sexual Assault Litig.
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Episode 160: How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel
In Episode 160, Kelly Twigger discusses whether counsel was subject to sanctions under Rule 37(b) for the inadvertent production of documents covered by a protective order in Cahill v. Nike, Inc.
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Episode 159: How the Default Settings for the Deletion of Text Messages Can Impact Sanctions
In Episode 159, Kelly Twigger discusses whether an individual is put on notice of litigation via letter, whether that implicates the duty to preserve, and whether the routine deletion of text messages based on settings avoids sanctions under Rule 37
Episode 158: In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance
In Episode 158, Kelly Twigger discusses whether in-house counsel are proper custodians in discovery, what factors impact the number of custodians in a matter from Magistrate Judge Cole’s decision in Dale v. Deutsche Telekom AG.
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Episode 157: Lessons in Drafting an FRE 502(d) Order to Insure Against Inadvertent Production
In Episode 157, Kelly Twigger discusses the key provisions of an FRE 502(d) order juxtaposed against recent rulings questioning the applicability of 502 and whether it applies to the intentional non-production of ESI in In re TikTok Inc. In App.
Episode 156: How the Failure to Preserve Led to Production of the Legal Hold Notice
In Episode 156, Kelly Twigger discusses how the failure to preserve text messages and mobile devices led to sanctions including the production of the actual legal hold notice provided to custodians AND the process required for counsel to supervise collection