Meet and Confer with Kelly Twigger

What happens when discovery misconduct meets a high-stakes cancer detection technology dispute? A $292.5 million verdict, nearly $3 million in discovery sanctions, and potential disciplinary action against attorneys.

The recent Guardant Health v. Natera litigation serves as a reminder of the devastating consequences of discovery misrepresentations and improper ESI management. At its core, this case involved competing techn...

The lines between personal and professional communications have forever blurred, leaving attorneys and judges grappling with a fundamental question: When does an employer have "possession, custody, or control" over data stored on an employee's personal mobile device? In this illuminating conversation with U.S. District Judge Xavier Rodriguez, we unpack this critical issue that impacts virtually every modern litigatio...

The digital discovery landscape constantly evolves, creating new challenges for litigators navigating electronically stored information. Judge Godbey's March 2025 decision in Yvonne v. Solera Holdings exposes critical gaps between technology and legal frameworks that every attorney should understand.<br><br>At the heart of this employment discrimination case lies a precedent-setting ruling about Slack messages that...

What does it take for a court to dismiss a case due to spoliation of evidence? The SkyJet v. VSE Aviation decision provides a troubling answer to this persistent question in e-discovery jurisprudence.<br><br>When temperatures in a twin-engine aircraft skyrocketed during startup, causing severe engine damage, the resulting litigation hinged on critical recorded evidence. The aircraft's cockpit voice recorder (CVR) c...

Ever feel like you're drowning in the ever-changing sea of electronic discovery? You're not alone. Drawing from over 25 years as a litigator and discovery strategist, I'm thrilled to introduce you to the newly rebranded Meet and Confer podcast - your lifeline in navigating the complex waters of ESI strategy.

What began as a simple Case of the Week series has evolved into something much more comprehensive. Wh...

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 devi...

 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 an...

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...

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 li...

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 st...

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 r...

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 f...

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-generate...

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 eDiscover...

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...

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 re...

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&a...

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 communica...