Kelly Twigger: #CaseoftheWeek Episode 92: The High Bar of Avoiding Paying Costs When You Lose a Motion to Compel

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Extract from Kelly Twigger’s article “CaseoftheWeek Episode 92: The High Bar of Avoiding Paying Costs When You Lose a Motion to Compel”

Our last Case of the Week episode of 2022 is a short one but one that we hope will leave you with thinking how you can to be more proactive in meeting discovery requirements. In episode 92, we’ll discuss whether Rule 37 requires bad faith to allow for cost recovery by a party who prevails on a motion to compel. 

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


Hi, and welcome to Episode 92 of our Case of the Week series published in partnership with ACEDS. This is our final episode for 2022. Crazy to think how fast this year went.

My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant, as well as the principal at ESI Attorneys. I’m very happy to be here with you today. Thank you so much for joining me.

Okay, events coming up in our space. I’ve sent this link out to you previously, but registration for the University of Florida [Levin College of Law} eDiscovery Conference is now live.

The conference is open for registration both in person, which is for a limited number of people (about 150 in Gainesville on US campus) and then also virtual registration is free. In the past, we’ve had a lot of folks who have gotten together in their offices or had parties with their ACEDS or Women in eDiscovery (WiE) Chapters or other organizations to be able to view the conference. So please get registered to sign up and put together your event viewing parties.

Read more here