Meet and Confer with Kelly Twigger

Your expert uses generative AI to cut millions of documents down to something a human can actually read. Then the other side asks the question everyone has been dancing around: are the AI prompts and outputs discoverable? I walk through Conservation Law Foundation v Shell Oil Company (D. Conn.), where a magistrate judge answers “yes” and frames prompts as expert methodology under Rule 26, not some brand-new category of ...

A legal hold system that “works” can still wipe out the evidence you need, and you may not realize it until the sanctions motion lands. We unpack a major Rule 37(e) preservation decision from DDC in United States ex rel. Staggers v. Medtronic that every litigator, legal operations leader, and discovery counsel should study, especially if your company is migrating email or sitting under a long discovery stay. 

We break down Morgan v V2X, the most detailed federal ruling yet on generative AI, work product protection, and what happens when confidential discovery meets mainstream AI tools. We also track how Morgan fits with Heppner and Gilbarco and why the real fight is shifting toward protective orders, platform contracts, and access to justice. 

• why Morgan v V2X becomes a turning point for AI in civil discovery 
• the work produ...

A single analytics export can decide whether your damages story looks like math or guesswork. This week, we take on a spoliation decision out of the Southern District of New York that every litigator handling ESI should read, because the lost evidence is not email or chat logs. It’s Google Analytics website traffic data, the kind your marketing team lives in and your discovery plan might never mention until it’s too lat...

Two federal rulings issued the same week just redrew the map for AI, discovery, and privilege. We break down how Warner v. Gilbarco framed ChatGPT as a drafting tool and shielded a pro se litigant’s prompts and outputs, while U.S. v. Heppner denied privilege where a platform’s privacy policy allowed training and disclosure. The contrast is stark and deeply practical: facts, platform settings, and attorney involvement no...

The dramatic spoliation of evidence case of former NBA star Charles Oakley shows how failing to preserve text messages can severely damage litigation outcomes. Oakley's misrepresentations about his texting habits and phone upgrades led to substantial sanctions in his case against Madison Square Garden.

• Text messages are primary evidence in most litigation cases and must be preserved
• Charles Oakley's case against MSG was u...

Telling your client to “preserve their text messages” is not a preservation plan—and a new decision out of the District of Colorado makes that painfully clear.

In this episode of Meet and Confer, Kelly Twigger breaks down Peddada v. Catholic Health Initiatives Colorado, where a magistrate judge found intentional spoliation after key text messages went missing. Even without a forensic smoking gun, the court inferred...

Your chats are now your records. In this episode of Mobile Minutes sponsored by ModeOne Technologies, we dig into why mobile and off-channel messages—texts, WhatsApp, Signal, Slack, and Teams—have moved from “nice-to-have” discovery to core evidence and a core compliance obligation. With new DOJ and FTC guidance and eye-watering SEC penalties, regulators are no longer hinting; they’re spelling out what...

Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over.

The real fight now is sharper—and it’s what makes the Carvana decision a must-read: when does a party have to produce a contemporaneous (point-in-time) version of a hyperlinked document, and what does the requesting party have to show to get that relief? Because in the cloud, the “attachm...

Think your AI prompts disappear when you hit delete? Not when litigation lands. We unpack the OpenAI copyright MDL to show how courts are turning ChatGPT conversation logs into core electronic evidence—preserved, sampled, de-identified, and produced under a protective order. The result is a clear, repeatable playbook for handling AI data at scale without letting privacy swallow relevance.

We walk through the emergency ...

We unpack how hyperlinked files and “modern attachments” change discovery, from Google Vault’s updates to Microsoft’s gaps, and how to defensibly restore parent–child context without breaking authenticity. Arman Gungor shares practical workflows for version selection, preservation, and rapid email fraud detection.

• Why links function as attachments in context
• Current limits of Google Vault...

Kelly Twigger, our Founder and CEO, just marked five years of weekly case analysis. This retrospective highlights what five key rulings from the past five years teach about discovery in practice and where litigators are being tested now.

This week’s episode isn’t a victory lap. It’s a grounded look at how ESI has reshaped litigation, what the decisions actually say, how judges are reasoning, and where counsel are g...

What if the most important part of your email evidence is the message you didn’t receive? We dig into a timely antitrust class action centered on formulary placement for a multiple sclerosis drug and unpack a pivotal ruling on whether parties must produce non-inclusive emails within threads. The debate sounds technical—threading, metadata fields, inclusive versus non-inclusive—but the stakes are practical: searcha...

The digital evidence landscape continues to evolve at breakneck speed, and nowhere is this more apparent than in the ongoing saga of the In re Uber Techs. Passenger Sexual Assault Litigation. Magistrate Judge Lisa Cisneros's March 2025 ruling delivers a groundbreaking perspective on hyperlinked documents in discovery that every legal professional needs to understand.

Judge Cisneros has definitively established that hyperlink...

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 technol...

Unlock the secrets to a winning litigation strategy by mastering the art of preserving ephemeral data. What happens when critical evidence vanishes into thin air? This episode promises to arm you with essential insights from the pivotal case of Two Canoes LLC versus Addian Inc., where the loss of WeChat messages led to significant legal sanctions. Join me, Kelly Twigger, as I dissect the crucial role of early planning and the often...

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 litigation.

Judge...

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.

At the heart of this employment discrimination case lies a precedent-setting ruling about Slack messages that should alarm litigation ...

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) captur...