Kelly Twigger: #CaseoftheWeek Episode 89: You Are What You Agreed To—A Cautionary Tale of Self-Collection

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Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 89: You Are What You Agreed To—A Cautionary Tale of Self-Collection”

We’re in the last few weeks of the year, and we’re feeling extremely grateful for an amazing year. The Case of the Week series, produced in partnership with ACEDS, has been receiving wonderful accolades. And as we head towards our 100th episode, we couldn’t be more thrilled. We also have seen over 3900 cases added in 2022 to our case law database including our latest Case of the Week, Benanav v. Healthy Paws Pet Ins. LLC.

This decision is by United States District Judge Lauren King and is dated August 22, 2022. Our analysis of this matter will be on whether a series of plaintiffs that self-collected and produced documents can be compelled to comply with an ESI protocol and run additional search terms to meet their discovery obligations. 

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


Introduction

Greetings from snowy Colorado. Welcome to episode 89 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 the principal at ESI Attorneys. Thanks so much for joining me this morning.

First, I hope each of you had a wonderful and relaxing holiday here in the United States. Since this is our first broadcast following the Georgetown Advanced eDiscovery Institute in DC, I wanted to say thank you to everyone who came by to say hi and tell me how much you enjoy our weekly broadcasts. It was great to see all of you and thanks so much for your support.

A couple of events coming up that you’ll want to put on your calendar. First is coming up pretty quickly tomorrow, Wednesday, November 30th at noon Eastern, I will be hosting Part 3 of the ACEDS four-part series on emojis. Part 3 is the judges panel, and I am thrilled to host Judges William Matthewman and Judge Xavier Rodriguez. For that webinar, we’ll be discussing the legal implications of emojis and what judges want to see when it comes to presenting that source of ESI.

Read more here

ACEDS