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Meet and Confer with Kelly Twigger
Kelly Twigger
43 episodes
1 week ago
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: searchability, fairness, and how close your evidence is to the way it’s ordinarily main...
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Business
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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: searchability, fairness, and how close your evidence is to the way it’s ordinarily main...
Show more...
Business
Episodes (20/43)
Meet and Confer with Kelly Twigger
The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
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: searchability, fairness, and how close your evidence is to the way it’s ordinarily main...
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2 weeks ago
23 minutes

Meet and Confer with Kelly Twigger
More on Hyperlinked Files and How Your Technology Affects Your Obligations to Produce Them
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 hyperlinked documents function as attachments for discovery purposes when the...
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2 months ago
18 minutes

Meet and Confer with Kelly Twigger
The $3 Million Lesson in What Not to Do in Discovery
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 technologies designed to detect minimal residual disease in colorectal canc...
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3 months ago
31 minutes

Meet and Confer with Kelly Twigger
Mobile Minutes: Judge Xavier Rodriguez on Possession, Custody, or Control
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 Rodriguez brings exceptional perspective to this discussion, having...
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3 months ago
47 minutes

Meet and Confer with Kelly Twigger
Analyzing a Shocking Court Decision Blocking Slack Discovery
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 professionals. The court found that because the defendant lac...
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4 months ago
18 minutes

Meet and Confer with Kelly Twigger
Spoliation Sanctions: When Evidence Vanishes
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) captured pilot communications during the incident, while the flight ...
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4 months ago
23 minutes

Meet and Confer with Kelly Twigger
Welcome to the Meet and Confer Podcast!
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. While case law remains the backbone of effective advocacy, the modern legal landscape d...
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4 months ago
2 minutes

Meet and Confer with Kelly Twigger
Hyperlinked Files: The Modern Discovery Challenge
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.
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6 months ago
19 minutes

Meet and Confer with Kelly Twigger
Are you Focusing Enough on the Potential Implications of Mobile Devices in eDiscovery?
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 preserva...
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6 months ago
15 minutes

Meet and Confer with Kelly Twigger
Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?
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...
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6 months ago
16 minutes

Meet and Confer with Kelly Twigger
How Failing to Meet and Confer Effectively Can Lead to Sanctions
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,...
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7 months ago
21 minutes

Meet and Confer with Kelly Twigger
Subpoenaing Cloud Data? What Every Litigator Must Know About the Stored Communications Act
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 i...
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8 months ago
20 minutes

Meet and Confer with Kelly Twigger
One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents
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 m...
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9 months ago
23 minutes

Meet and Confer with Kelly Twigger
Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators
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 signi...
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9 months ago
27 minutes

Meet and Confer with Kelly Twigger
How Delaying Third Party Discovery Can End Up Costing You Dearly
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 b...
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10 months ago
17 minutes

Meet and Confer with Kelly Twigger
Are you Prepared to Handle Fabricated Evidence?
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...
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10 months ago
17 minutes

Meet and Confer with Kelly Twigger
Looking Back and Moving Forward: Four Years of Case of the Week and the Future of eDiscovery and Legaltech
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...
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10 months ago
1 hour 15 minutes

Meet and Confer with Kelly Twigger
Are Your Legal Hold and Preservation Processes Subject to Discovery?
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, foc...
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10 months ago
18 minutes

Meet and Confer with Kelly Twigger
Still Using General Objections? See How One Party’s Use Led to Waiver
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 th...
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11 months ago
14 minutes

Meet and Confer with Kelly Twigger
Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege
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...
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11 months ago
20 minutes

Meet and Confer with Kelly Twigger
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: searchability, fairness, and how close your evidence is to the way it’s ordinarily main...