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 preservation orders that halted deletion across consumer, enterprise, and ...
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 and Microsoft Purview • Restoring families without altering source emails • Choosing current vs cont...
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 getting tripped up. Below is a narrative recap of the five discussion areas Kell...
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...
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...
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...
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...
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...
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 ...
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...
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.
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...
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...
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,...
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...
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...
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...
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...
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...
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...