Kelly Twigger: #CaseoftheWeek Episode 80: A Cautionary Tale on Language in eDiscovery Negotiations

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 80: A Cautionary Tale on Language in eDiscovery Negotiations”

We continue on our road to 100 (episodes) with the ongoing saga between social media giant Twitter and pop culture icon Elon Musk. The high-profile case is Twitter, Inc. v. Musk, 2022 WL 4095542 (Del Ch. 2022), which heads to trial this Fall.

The decision is from September 7, 2022 decision by Chancellor Kathaleen S. McCormick. We examine whether a party can backtrack on an agreement to limit the number of custodians requested to produce Slack messages.

Keep reading or watch the video to understand the eDiscovery issues.


Good morning and welcome to episode 80 of 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. Thanks so much for joining me this week.

As you know, in our Case of the Week series, 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 for you, your clients, and your practice.

Read more here