Kelly Twigger: #CaseoftheWeek Episode 82: An Analysis of Confidentiality Under Delaware Rule of Evidence 502

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 82: An Analysis of Confidentiality Under Delaware Rule of Evidence 502”

Episode 82 of the Case of the Week brings another decision from the saga of Twitter v. Musk. In this episode, we’ll discuss whether Elon Musk waived the ability to assert attorney-client privilege over emails sent from corporate accounts used for personal communications regarding the Twitter transaction.

If you missed the previous episode that kicked off this series of Case of the Week focused on the social media platform and the innovator, you can catch up here before continuing to this episode.

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


Good morning, and welcome to Episode 82 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the founder and CEO at eDiscovery Assistant and the principal at ESI Attorneys. Thanks so much for joining me today.

All right. Let’s jump into this week’s decision, another one from the high-profile case—in the Delaware Chancery Court—of Twitter vs. Elon Musk.

All right. As I mentioned, this decision that we’re discussing this week comes from the Twitter versus Musk controversy. This one is from September 13th, 2022, again from Chancellor Kathaleen McCormick. These decisions are flying so fast and furiously that next week we’ll cover another decision that just came out this past Friday.

Read more here

ACEDS