Episode 182: “Your Client Saved Everything” Said No iPhone Ever | Minerva26
By Kelly Twigger Podcast | Transcript If you’re still treating text messages like “informal” evidence—something you’ll circle back to later, or something your client will “just keep”—Peddada v. Catholic Health Initiatives Colorado is your warning shot. Case of the Week Episode 182 The Facts This decision came out of the District of Colorado in an| Minerva26 | Your strategic edge in litigation
ESI Protocol Disputes Were Resolved by Court - EDRM
Court resolves ESI protocol disputes in GoodRX case, highlighting limits on confidentiality, redactions, and cooperation requirements.| EDRM
Community Association Case Law Reimagined: Meet the Revamped Case Law Database Built for CAI Lawyers
This week, CAI launched a fully revamped case law database. The user-friendly, searchable, database is accessible to all CAI members including new 2025 case summaries. The revamped database will debut during the 2026 CAI Community Association Law Seminar in San Diego. The law seminar is organized by the CAI College of Community Association Lawyers for attorneys, […]| CAI Advocacy Blog
The $1.5 Billion Reckoning: AI Copyright and the 2026 Regulatory Minefield
From a $1.5B lawsuit to global transparency laws, AI copyright liability has arrived. Enterprises must now prove training data provenance or face serious risk. The post The $1.5 Billion Reckoning: AI Copyright and the 2026 Regulatory Minefield appeared first on EDRM.| EDRM
Facial Recognition Technology in Maryland Criminal Cases
Maryland courts and statutes set key precedents for the admissibility, disclosure, and limits of facial recognition technology in criminal proceedings, principles with relevance far beyond state lines. The post Facial Recognition Technology in Maryland Criminal Cases appeared first on EDRM.| EDRM
Episode 177: Slam Dunk for the Defense: How Missing Texts Cost an NBA Star His Case
In Episode 177, Kelly Twigger discusses how the failure to preserve text messages when plaintiff upgraded his phone multiple times led to an adverse inference instruction in Oakley v. MSG... The post Episode 177: Slam Dunk for the Defense: How Missing Texts Cost an NBA Star His Case first appeared on Minerva26.| Minerva26
Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned | Minerva26
By Kelly Twigger Podcast | Transcript Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over. The real fight now is sharper—and it’s what makes the Carvana decision a must read: when does a party have to produce a contemporaneous (point-in-time) version of a hyperlinked document, and what does| Minerva26 | Your strategic edge in litigation
Woolard v. Regent Real Estate Services, Inc.
[Neighbor Disputes; Duty of Care] HOAs do not have a duty to resolve disputes between homeowners outside the confines of the HOA's governing documents. The post Woolard v. Regent Real Estate Services, Inc. appeared first on FindHOALaw.| FindHOALaw
Ridley v. Rancho Palma Grande Homeowners Association
[Business Judgment Rule; Reasonable Investigation; Bad Faith] The business judgment rule and rule of judicial deference will not shield an HOA Board from liability where it fails to conduct a reasonable investigation and/or acts in bad faith. The post Ridley v. Rancho Palma Grande Homeowners Association appeared first on FindHOALaw.| FindHOALaw
Episode 175: Why Cases Like This Demand Rule 37 Reform—Enough with Wrist Slaps for Intentional Spoliation | Minerva26
In Episode 175, Kelly Twigger discusses how the intentional destruction of data from a voice recorder in an aircraft, and the court's reluctance to impose meaningful sanctions—even when the record arguably justified them—calls into question whether Rule 37(e)(2) can protect parties in Sky Jet M.G. Inc. v. VSE Aviation Servs., LLC. Introduction Welcome to our| Minerva26 | Your strategic edge in litigation
Discovery Wake-Up Call: AI Prompts Are Discoverable (And Privacy Won’t Save You)
By Kelly Twigger Podcast | Transcript Welcome to the final Case of the Week for 2025! As we close out the year and look toward a fantastic 2026, we are... The post Discovery Wake-Up Call: AI Prompts Are Discoverable (And Privacy Won’t Save You) first appeared on Minerva26.| Minerva26
Case Law Update – October 2025
Construction Muzzy Ltd v Davis Construction (South East) Ltd [2025] EWHC 2258 (TCC) Background This claim concerned the enforcement of two adjudicator’s decisions by way of Part 7 proceedings issued on 25 March 2025. The Claimant sought Summary Judgment against the Defendant in the sum of £261,191.44 plus interest. Defendant sought to resist enforcement on Read More The post Case Law Update – October 2025 appeared first on Barton Legal.| Barton Legal
UK Judiciary Updates AI Guidance: What Legal Practitioners Need to Know
The legal profession’s relationship with artificial intelligence continues to evolve rapidly, and the UK judiciary has taken another significant step in establishing clear parameters for AI use within the court system. In mid-April, senior judicial figures published updated AI guidance that builds upon previous frameworks whilst addressing emerging concerns and practical considerations. New Read More The post UK Judiciary Updates AI Guidance: What Legal Practitioners Need to Know appea...| Barton Legal
Case Law Update – July 2025
VMA Services Ltd v Project One London Ltd [2025] EWHC 1815 (TCC) In this case, Adrian Williamson KC, sitting as deputy High Court Judge in the Technology and Construction Court (“TCC”) enforced an adjudicator’s decision making a monetary award in favour of VMA, the Responding Party in the adjudication. Background The Parties entered into a Read More The post Case Law Update – July 2025 appeared first on Barton Legal.| Barton Legal
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan” - EDRM
A Rule 26(f) discovery plan is required by the FRCP; an ESI Protocol is not. Learn why the distinction matters in litigation.| EDRM
Case of the Week: Five Years In—What the Last 179 Episodes Are Telling Litigators Now
Podcast • Transcript 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... The post Case of the Week: Five Years In—What the Last 179 Episodes Are Telling Litigators Now first appeared on Minerva26.| Minerva26
11640 Woodbridge Condominium HOA v. Farmers Insurance Exchange | FindHOALaw
The deference afforded to HOA Boards may not extend to situations where the Board fails to act or to investigate the scope of required maintenance or repairs.| FindHOALaw
Legal Update: September 2025 - QuickRead | News for the Financial Consulting Professional
Former House Representative, Devin Nunes, sued Lizza and the Hearst Corporation for defamation. Nunes sought damages. The court dismissed his claim and explained how special, general, and exemplary damages are proven when the Plaintiff is a public figure.| QuickRead | News for the Financial Consulting Professional
What is a “Document?”: Interior Email Omitted from Email Chain – Sanctions Follow for Lack of Candor to Court - EDRM
Court sanctions counsel for omitting key email in discovery dispute, emphasizing duty of candor and what defines a “document” in ESI.| EDRM
No Duty to Produce Documents That Requestor Already Has - EDRM
Court rules no duty to produce discovery already held by opposing counsel but orders gap analysis to identify missing items.| EDRM
Franklin v. Marie Antoinette Condominium Owners Assn. | FindHOALaw
[CC&Rs; Exculpatory Clause] An exculpatory clause in the CC&Rs limiting the HOA's liability is not against public policy.| FindHOALaw
An ESI Protocol Saved the Day for the Discovering Party - EDRM
In Pincus v. MJ Connections, the court enforced an ESI Protocol, ordering document reproduction and criticizing a “dump truck” production.| EDRM
Legal Update: March 2025 - QuickRead | News for the Financial Consulting Professional
Serving as a Trustee of a Trust is difficult. In the case presented, a trust beneficiary alleged that the trustee—his aunt—breached her fiduciary duty. The trust beneficiary retained an expert in connection to this claim and this did not go well for either the beneficiary or damages expert. The article summarizes the case, provides a road map and an admonition to experts in these types of cases regarding what is needed, and the perils of using AI.| QuickRead | News for the Financial Consulting Professional
Legal Update: January 2025 - QuickRead | News for the Financial Consulting Professional
This article discusses the recent case of Mancini v. UBS AG, a case where UBS liquidated Plaintiff’s collateral following an event of default. The issue before the court was whether UBS AG acted arbitrarily when it liquidated Plaintiff’s account based on an earlier valuation date, rather than based on a higher and more recent account value.| QuickRead | News for the Financial Consulting Professional
August’s Notable Cases and Events in E-Discovery
Highlights of August 2024's key e-discovery rulings on data security, cloned discovery, text messages, and keyword searches.| EDRM
Felder Part 4 of 4: Was the Felder Defendant’s 14-Day Video Overwriting Policy Defensible?
This final blog in the Felder v. MGM series evaluates the reasonableness of the defendant’s 14-day video overwriting policy.| EDRM
Felder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation
In Felder v. MGM National Harbor, the court ruled that overwriting video footage after 14 days was not spoliation.| EDRM
The ESI Protocol: Your Word is Your Bond… Or, Is It? - EDRM
This article discusses court-ordered ESI protocols for e-discovery and argues that flexibility may be a fair approach to enforcing agreements.| EDRM