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The Cost of Ignoring Mobile Device Discovery

For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more

2024 eDiscovery Case Law Trends: Sanctions, Strategy, and the Shifting Legal Landscape

The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has...more

The Perils of Self-Collection in eDiscovery: What Litigators Need to Know

The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as...more

Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly [Video]

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...more

The eDiscovery Disconnect: Why Litigators Must Take the Lead

Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but...more

The Critical Role of Manner of Production in Litigation

Last week’s decision in Partners Insight, LLC v. Gill (M.D. Fla., October 28, 2024) tackles an often-overlooked yet essential aspect of ediscovery: manner of production. While much of our focus in ediscovery tends to be on...more

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more

[Webinar] Modern Attachments or Old-Fashioned Hyperlinks? How to Navigate the eDiscovery Challenges of Linked Files in Email and...

The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

How Delaying Third Party Discovery Can End Up Costing You Dearly

[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more

Are Search Terms Useful for Social Media and Mobile Device eDiscovery?

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] In Episode 123, CEO and Founder of eDiscovery Assistant, Kelly Twigger,...more

You’ll Want to Pay Attention to What the Colorado Supreme Court Just Did and its Future Impact on Privacy in Civil Discovery

[Editor’s Note: This article has been republished with permission. It was originally published November 2, 2023 on the eDiscovery Assistant Blog] In Episode 122, CEO and Founder of eDiscovery Assistant Kelly Twigger...more

#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle [Video]

In Episode 120 of ACEDS' #CaseoftheWeek, Kelly Twigger of eDiscovery Assistant discusses why agreeing to an ESI protocol excluding sources of ESI before you know what you need is dangerous in Latin Markets Brazil, LLC v....more

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