Kelly Twigger: #CaseoftheWeek Episode 124: Don’t Delay: The High Cost of Not Reviewing Documents Promptly

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Extract from Kelly Twigger’s article “CaseoftheWeek Episode 124: Don’t Delay: The High Cost of Not Reviewing Document Promptly”

In Episode 124, our CEO and Founder, Kelly Twigger discusses the importance of reviewing documents when you receive them, and how failure to do so can lead to lack of preparation for depositions and unfruitful and expensive motion practice in Iannone v. Autozone, Inc., presided over by United States Magistrate Judge Tu M. Pham.

This decision comes to us from Iannone v. Autozone, Inc. This is a decision from September 9, 2022 from United States Magistrate Judge Tu Pham. Judge Pham has 71 discovery decisions in our database. This is a Judge out of the Western District of Tennessee, where there is a well-established body of case law in that jurisdiction in large part because we’ve seen a lot of class actions — a lot of the opioid cases came out of that court — and so there is a very widely developed body of law there for us to look to.

This decision, in particular, has some great practical takeaways that I wanted to share with you today on the concept particularly of email threading and privilege. Recall that I let you know a couple of weeks ago here that we’ve added an email threading issue tag to eDiscovery Assistant because we are starting to see more and more issues about that technology. That email threading issue tag is only applied when the technology of email threading is discussed or analyzed within the case. So it’s a really narrow application of the issue tag, but if you’re looking for case law on that issue, you can use eDiscovery Assistant to find it.

As always, we include the issues that are tagged on each decision. This week’s case includes email threading, third-party subpoena, sanctions, bad faith, and 30(b)(6) corporate designee.

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