In Episode 176, Kelly Twigger discusses how the rules of self-collection apply to experts, and the failure to supervise the collection of documents from an expert led to misrepresentations to the court, the exclusion of key evidence at trial and the sanctions of more than $3 million for discovery violations in the October 23, 2024,| Minerva26 | Your strategic edge in litigation
In Episode 174, Kelly Twigger discusses whether a party not on an enterprise license for Slack has an obligation to produce data from the platform and what you need to do in advance of filing a motion to compel in Vaughn v. Solera Holdings, LLC. Introduction Welcome to our Case of the Week segment on| Minerva26 | Your strategic edge in litigation
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
In Episode 173, Kelly Twigger discusses the imposition of sanctions and what those sanctions were following the submission of AI generated hallucinated citations in a brief to the Special Master... The post Episode 173: Fake Citations, Real Sanctions: AI Hallucinations Spark $31K in Sanctions first appeared on Minerva26.| Minerva26
In Episode 172, Kelly Twigger discusses when a party is entitled to cookies from a party’s device or browser and how the court ordered the parties to meet and confer to find a solution to producing them in In re Meta Pixel Healthcare Litig. Introduction Welcome to our Case of the Week segment of the| Minerva26 | Your strategic edge in litigation
In Episode 171, Kelly Twigger discusses the latest decision on whether an employer has possession, custody or control over data in its employees’ personal devices in Allergan, Inc. v. Revance... The post Episode 171: Is a BYOD Policy the Key to Determining Employer Control Over Employees’ Personal Phones? first appeared on Minerva26.| Minerva26
In Episode 170, Kelly Twigger discusses what the meet and confer requirement in the Federal Rules means and what can happen when a party attempts to weaponize discovery through threats... The post Episode 170: How Failing to Meet and Confer Effectively Can Lead to Sanctions first appeared on Minerva26.| Minerva26
In Episode 149, Kelly Twigger discusses whether a preliminary showing of spoliation overcomes privilege associated with the content and distribution of legal hold notices in FTC v. Amazon.com, Inc. (July 9, 2024). Introduction Welcome to this week's episode of our Case of the Week series brought to you by eDiscovery Assistant in partnership with ACEDS.| eDiscovery Assistant | eDiscovery Begins Here
In Episode 148, Kelly Twigger discusses whether a party’s failure to preserve WeChat messages on a mobile device that may have been relevant to two overlapping litigation matters resulted in sanctions in Two Canoes LLC v. Addian Inc. (April 30, 2024). Introduction Welcome to this week's episode of our Case of the Week series brought| eDiscovery Assistant | eDiscovery Begins Here
In Episode 146, Kelly Twigger discusses how the failure to preserve text messages from a terminated employee’s supervisor led to sanctions and a denial of the employer’s motion for summary judgment, and the impact the decision has on government agencies’ obligations to preserve data from mobile devices in Maziar v. City of Atlanta (June 18,| eDiscovery Assistant | eDiscovery Begins Here