Kelly Twigger: #CaseoftheWeek Episode 105: How the Language of Your ESI Protocol Can Force Your Hand

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Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 105: How the Language of Your ESI Protocol Can Force Your Hand”

In this week’s episode of ACEDS’ Case of the Week, where the matter involves a breach of contract action with both parties seeking multimillion-dollar judgments. This episode focuses on an objection to the Magistrate’s discovery order that compelled the plaintiff to review documents responsive to search term hits prior to production based on the language of the ESI protocol. Kelly Twigger discusses the importance of ESI protocol language and how parties can be held to what is in that document. She also emphasizes the need to deal strategically with review costs by reducing the number of documents or engaging with technology. 

Don’t miss out on this important episode!


Hi, and welcome to this week’s episode of the Case of the Week series, published in partnership with ACEDS. This week marks our 105th episode of the Case of the Week series, and thanks so much for joining me. My name is Kelly Twigger. I am the Founder and CEO of eDiscovery Assistant, as well as the Principal at ESI Attorneys.

We’re going to dive directly into this week’s case, which comes to us from McCormick & Co. v. Ryder Integrated Logistics, Inc. This decision is from March 8th of 2023, so just a little bit more than a month old. It comes to us from United States District Judge James Bredar. Judge Bredar has 19 decisions in our eDiscovery Assistant database.

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