Kelly Twigger: CaseoftheWeek Episode 121: Do You Have a Plan in Place to Preserve Video? You’ll Want to in California.

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Extract from Kelly Twigger’s article “CaseoftheWeek Episode 121: Do You Have a Plan in Place to Preserve Video? You’ll Want to in California.”

In Episode 121, our CEO, Kelly Twigger discusses how failure to preserve video evidence led to an adverse inference instruction in California State Court even without the required intent showing required under FRCP 37(e) in Aposaga v. Rite Aid Corp.


Welcome to this week’s episode of our Case of the Week series brought to you by eDiscovery Assistant and in partnership with ACEDS. My name is Kelly Twigger. I’m the CEO and founder at eDiscovery Assistant, which is a platform that delivers eDiscovery knowledge on demand.

Thanks so much for joining me today. Each week on our Case of the Week series, I choose a recent decision in eDiscovery and talk to you about the practical implications of that judge’s ruling. This week’s case covers a very important source of ESI called video, as you’re all familiar with, that we’re seeing more and more often.

Before we get into that case, a couple of announcements. In partnership with ACEDS and Exterro, we’ll be conducting a webinar at 10:30 am ET on eDiscovery Day, which is December 7th, so mark your calendars. That webinar will be about the pros and cons of ESI protocols and what you should be thinking about. We’ll be sending out information in our weekly newsletter but be sure to mark that date on your calendars and sign up for our newsletter to be able to receive that information if you’re not already on that list.

Second, if you are an eDiscovery Assistant user, you may have noticed this week that we added a share button for LinkedIn to every decision in our eDiscovery Assistant database. It’s just to the left of the bookmark button on the individual case page in which you’ll be able to see the link to today’s decision. Give it a try and see how it works for you. It should include both the AI-generated summary as well as a link to the actual decision, so you can modify that to your heart’s content and be able to share information about eDiscovery case law with folks who follow you on LinkedIn.

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