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 evaluate fabricated evidence and offers key takeaways for anticipating similar challenges with emerging technologies.

Kelly dives into the Court’s analysis, including findings of bad faith, fraud on the Court, and the decision to dismiss the case with prejudice. Learn how litigators can address authenticity concerns early, leverage the Court’s inherent authority when procedural rules fall short, and safeguard their cases against the rising threat of manipulated digital evidence.

Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.

Frazier v. Se. Ga. Health Sys., Inc.
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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 lies ahead for legaltech in 2025.

Highlights of this episode include:

• Reflections on the Past Four Years: Key milestones in eDiscovery case law and how the pace of legal decisions continues to accelerate.
• Hot Topics in eDiscovery: A deep dive into the ongoing debate over hyperlinked files versus traditional attachments, mobile device discovery challenges, and the implications of generative AI on the legal landscape.
• 2025 Predictions: Expert insights into the rise of agentic AI, private equity's growing influence in legaltech, and the future of AI-driven tools for discovery.
• Practical Tips for Legal Professionals: Strategies for leveraging technology, understanding client data sources, and staying ahead of emerging issues in eDiscovery.

Kelly, Stephanie, and Aaron bring their unique perspectives and humor to an engaging discussion, blending industry expertise with practical takeaways. Tune in to learn how to navigate the complexities of electronically stored information (ESI) and prepare for what’s next in eDiscovery and legal technology.


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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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, focusing on the motion to compel Uber to reveal its litigation hold practices and ESI preservation details. As we explore this case, you'll gain valuable insights into the court's emphasis on the importance of custodial and non-custodial data in legal proceedings.

Understand the ripple effects of this ruling on large organizations and their ESI preservation obligations. The court's decision sheds light on the critical need for detailed information about data custodians and highlights the balance between proportionality and relevance in document preservation. We'll discuss how Uber's response to these demands has influenced the ongoing litigation and the broader implications for eDiscovery practices. Whether you're a legal professional or simply fascinated by the complexities of the legal system, this episode is packed with insights and practical guidance to keep you informed in the evolving realm of electronic data management.

Doe LS 340 v. Uber Techs., Inc.
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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 the burden of discovery in litigation. Whether you are a litigator or simply intrigued by the complexities of electronically stored information, there's a wealth of knowledge waiting for you.

In this episode, we dissect the timeline and pivotal moments of the Bocock case, highlighting the plaintiffs' costly misstep of failing to deliver specific discovery responses—a misstep that led to a crucial motion to compel. Gain a deeper understanding of the court's stance on the necessity for detailed responses and what it means for your litigation strategy. With actionable insights and analysis, this episode will help you navigate the evolving landscape of e-discovery, ensuring you stay ahead of the game. Subscribe now to enrich your legal expertise and gain practical strategies for your next case.

Bocock v. Innovate Corp.,
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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 corporate titans provides a rich tapestry of lessons on strategic litigation.

In a groundbreaking discussion, we unravel IBM's document preservation practices and their consequential waiver of privilege in spoliation claims. Discover why the timing of preservation duties is pivotal and how a well-crafted privilege log can tip the scales in litigation anticipation. This episode serves as a cautionary tale, highlighting the importance of timely data preservation in an era of rapid technological change. Whether you're a seasoned attorney or just starting out, this episode offers indispensable strategies for staying ahead in the legal realm.


Lubrizol Corp. v. IBM Corp
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

Can the intentional deletion of text messages really cause a lawsuit to crumble? Join Kelly Twigger, as we unravel the intricacies of a pivotal Ninth Circuit Court of Appeals decision that led to the dismissal of a case due to spoliation sanctions. This episode uncovers the problematic actions of plaintiff Alyssa Jones in the Jones v. Riot Hospital Group LLC case, focusing on her alleged deliberate destruction of critical communications. By highlighting the appellate court's affirmation of the district court's decision, we delve into the concept of bad faith in handling electronically stored information and the dire consequences of not adhering to discovery obligations.

Explore the nuances of Rule 37(e)(2) sanctions and grasp the broader implications for litigation strategy and data preservation. We dissect how the Ninth Circuit's interpretation of intent and prejudice played a crucial role in this case’s dismissal and the inescapable need for comprehensive preservation of mobile data. With expert insights, this episode serves as a crucial reminder for legal professionals on the strategic use of discovery tools and taking proactive measures to preserve electronic data.

Jones v. Riot Hosp. Group, LLC,
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

Unlock the secrets of perfectly timed sanctions motions in electronic discovery with insights from Judge Ian Johnston's recent decision in Groves Inc versus RC Bremer Marketing Associates. Join me, Kelly Twigger, as we dissect the intricacies of when to file these critical motions without missing the mark. You'll gain valuable perspectives on how strategic communication with the court and proactive dialogues with opposing counsel can dramatically shape litigation outcomes. This episode promises to equip litigators and legal professionals with actionable strategies to navigate the complex world of spoliation issues and sanctions with precision.

Ready to master the timing of your legal strategy? Discover how aligning with judicial preferences and understanding court procedures can lead to successful sanctions motions. This episode delves into the potential impact of permissive adverse inference instructions on trial outcomes, underscoring the importance of knowing the judge's expectations and ensuring transparency. Embrace the wisdom of Judge Johnston's practical approach, and learn how strategic timing and collaboration can optimize your litigation efforts and keep you ahead in the fast-paced realm of electronic discovery.

Groves Inc. v. R.C. Bremer Mktg. Assocs.
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

Ever wondered how the nuances of electronic discovery could make or break a legal case? Discover the pivotal role of document production and organization as host Kelly Twigger guides you through the intricacies of eDiscovery in this week's Case of the Week podcast. Gain insights from the Partners Insight LLC versus Gill case, emphasizing why clarity in document production requests is a must to avoid legal squabbles. Learn about the surprising breadth of eDiscovery case law, which transcends jurisdictional lines, and why district and state court decisions often hold more sway due to the scarcity of appellate rulings.

Unearth the ongoing debate over TIFF versus native formats and why preserving metadata can be the linchpin in your legal strategy. Unpack how differing interpretations of the Federal Rules of Civil Procedure can tip the scales and the importance of keeping ESI in its original context. Twigger explores effective strategies for managing discovery costs and highlights the importance of precisely negotiating your data formats at the outset. Delve into key cases like Teledyne Instruments and gain expert perspectives that could transform how you approach eDiscovery. Don’t miss this compelling discussion that promises to keep you ahead in the fast-evolving landscape of electronic discovery.

Partners Insight, LLC v. Gill
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Thank you for tuning in to Case of the Week 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 eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.