All Episodes
Meet and Confer with Kelly Twigger — 54 episodes
How an Enterprise Migration and an Extended Discovery Stay Created the Perfect Storm for Sanctions
The Latest Decision on the Use of Generative AI Tools and Confidentiality
When the Platform Goes Dark: How Failure to Supervise Collection Led to Spoliation Sanctions
AI on Trial: The First Federal Rulings on Privilege and Generative Tools
Slam Dunk for the Defense: How Missing Texts Cost an NBA Star His Case
Your Client “Saved Everything,” Said No iPhone Ever
Phones, Chats, and Subpoenas: DOJ/FTC Guidance Meets Mobile Reality
Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned
The Ruling Is In: GenAI Prompts Are Core Discoverable ESI
From “We Can’t” to “Here’s How” — A Practical Discussion on Hyperlinked Files in Discovery
The Modern Discovery Traps that Are Upending Cases
The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
More on Hyperlinked Files and How Your Technology Affects Your Obligations to Produce Them
The $3 Million Lesson in What Not to Do in Discovery
WeChat Woes: How Failing to Preserve Ephemeral Data Led to Sanctions in Two Canoes LLC v. Addian Inc
Mobile Minutes: Judge Xavier Rodriguez on Possession, Custody, or Control
Analyzing a Shocking Court Decision Blocking Slack Discovery
Spoliation Sanctions: When Evidence Vanishes
Welcome to the Meet and Confer Podcast!
Hyperlinked Files: The Modern Discovery Challenge
Are you Focusing Enough on the Potential Implications of Mobile Devices in eDiscovery?
Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?
How Failing to Meet and Confer Effectively Can Lead to Sanctions
Subpoenaing Cloud Data? What Every Litigator Must Know About the Stored Communications Act
One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents
Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators
How Delaying Third Party Discovery Can End Up Costing You Dearly
Are you Prepared to Handle Fabricated Evidence?
Looking Back and Moving Forward: Four Years of Case of the Week and the Future of eDiscovery and Legaltech
Are Your Legal Hold and Preservation Processes Subject to Discovery?
Still Using General Objections? See How One Party’s Use Led to Waiver
Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege
Another Example of Failure to Preserve Text Messages Leading to Dismissal
Ready to File a Motion for Sanctions? Make Sure You Tell the Court.
How Manner of Production Impacts Litigation Outcomes
Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions
Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation
AI in the Courtroom: The First Discovery Case Featuring ChatGPT Citations
Understanding the Dominant Purpose Test for Determining Whether Privilege Applies
How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel
How the Default Settings for the Deletion of Text Messages Can Impact Sanctions
Worried about Waiving Privilege via Inadvertent Production? You’ll Want to Listen to This.
In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance
Lessons in Drafting an FRE 502(d) Order to Insure Against Inadvertent Production
How the Failure to Preserve Led to Production of the Legal Hold Notice
Hyperlinked Files in eDiscovery -- Are they Attachments? Hear the Latest
Finally! Well Reasoned Guidance on the eDiscovery Issues in Hyperlinked Files
Do Hyperlinked Documents Need to be Produced?
When Failure to Preserve Social Media Results in Dismissal in Gardner v. Wells Fargo
Answering the Question of Whether you can recover costs for TAR in Lawson v. Spirit Aerosystems
Using Technology-Assisted Review (TAR) in eDiscovery: Key Insights from Livingston v. City of Chicago
Insights into Preserving Video Evidence & Control of Third-Party Data in eDiscovery through EEOC v. MVM, Inc.
The Pitfalls of Self-Collection in eDiscovery and your Rule 26(g) Obligations Explained in EEOC v. M1 5100 Corp