Kelly Twigger: #CaseoftheWeek Episode 99: Use of the Court’s Inherent Power to Grant Sanctions Following Bad Faith Actions in Discovery

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Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 99: Use of the Court’s Inherent Power to Grant Sanctions Following Bad Faith Actions in Discovery”

In Episode 99 of Case of the Week, eDiscovery Assistant’s Kelly Twigger dives deep into the case of In re Facebook, Inc. Consumer Privacy User Profile Litigation, where Judge Chhabria awarded over $925,000 in sanctions against Meta and their counsel for bad faith and inappropriate conduct during discovery. This decision, handed down in February of 2023, has become a hot topic of conversation, and for good reason. It has set a precedent for how seriously courts are taking unethical behavior in eDiscovery, and how harshly they will penalize those who engage in it. In this blog post, we’ll examine the details of the case and the implications it may have on the future of eDiscovery.


Hi, and welcome to episode 99 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 and the principal at ESI Attorneys. Thanks so much for joining me this week.

We are just one episode away from our 100th episode on the Case of the Week series. At the end of this broadcast, I’ll tell you what we’ve got in store. Thanks so much for sticking with me on this journey through eDiscovery in case law.

We are in the process of setting up meetings for Legalweek, which takes place in New York City March 20 through the 23rd, coming up in a couple of weeks. If you’re interested in sitting down with us to look at eDiscovery Assistant, discuss our roadmap for 2023, or see the newly launching eDiscovery Academy, you can drop us an email at [email protected], and we’ll be in touch to set something up.

I’ll also be speaking on a panel sponsored by Onna on Wednesday the 22nd from 11:30 to 12:30 pm ET regarding emojis and alternative data types. If you’re going to be around, please stop in, take a listen, and say hi.

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