Kelly Twigger: #CaseoftheWeek Episode 75: When a Party Has Standing to Move to Quash a Third Party Subpoena

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 75: When a Party Has Standing to Move to Quash a Third Party Subpoena”

We’re celebrating our 75th episode with readers and viewers! For our 75th episode, we look at a case from a recent webinar Kelly Twigger participated in with the Honorable Andrew Peck, Senior Counsel at the international law firm, DLA Piper; Karyn Harty, a Partner at McCann FitzGerald in Dublin; and David Horrigan of Relativity.

The case is Martley v. City of Basehor, 2022 WL 1302820 (D. Kan. 2022), May 2, 2022. It was presided over by United States Magistrate Judge Gwynne E. Birzer and involves a third-party subpoena to a party’s IT services provider. Kelly discusses when a party has standing to move to quash, why we need more guidance on possession, custody and control in ESI and whether an end run via subpoena in discovery can work.

Thanks for all the support so far and as we continue on the road to episode 100.

Good morning and welcome to our Case of The Week Series, published in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant, as well as principal at ESI Attorneys, and I am very happy to be with you here today. Thanks so much for joining me.

As you know, each week we choose a recent decision in eDiscovery that highlights key issues for litigators and those involved in the eDiscovery process, and we talk about the practical implications of that decision on you, your clients, and your practice.

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