This week on Case of the Week with Kelly Twigger, we explore a groundbreaking decision from Frazier v. Se. Ga. Health Sys., Inc., involving alleged fabrication of video evidence in a medical malpractice lawsuit. The case, presided over by Judge Lisa Wood, highlights critical issues surrounding the authenticity of video evidence and the use of a court's inherent authority to impose sanctions.

While this video was not AI-generated or a deepfake, it provides a fascinating glimpse into how courts evaluate fabricated evidence and offers key takeaways for anticipating similar challenges with emerging technologies.

Kelly dives into the Court’s analysis, including findings of bad faith, fraud on the Court, and the decision to dismiss the case with prejudice. Learn how litigators can address authenticity concerns early, leverage the Court’s inherent authority when procedural rules fall short, and safeguard their cases against the rising threat of manipulated digital evidence.

Tune in for practical insights and actionable strategies to stay ahead in the complex landscape of eDiscovery.

Frazier v. Se. Ga. Health Sys., Inc.
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Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

In this special anniversary episode of Case of the Week, Kelly Twigger celebrates four years of the series and the conclusion of 2024 with esteemed guests Stephanie Wilkins, former Editor-in-Chief of LegalTech News and current Content Director at Legaltech Hub, and Aaron Patton, better known as Gates Dogfish, a prolific eDiscovery meme creator and Managing Director at TrustPoint. Together, they reflect on the evolution of eDiscovery, share insights into major industry trends, and explore what lies ahead for legaltech in 2025.

Highlights of this episode include:

• Reflections on the Past Four Years: Key milestones in eDiscovery case law and how the pace of legal decisions continues to accelerate.
• Hot Topics in eDiscovery: A deep dive into the ongoing debate over hyperlinked files versus traditional attachments, mobile device discovery challenges, and the implications of generative AI on the legal landscape.
• 2025 Predictions: Expert insights into the rise of agentic AI, private equity's growing influence in legaltech, and the future of AI-driven tools for discovery.
• Practical Tips for Legal Professionals: Strategies for leveraging technology, understanding client data sources, and staying ahead of emerging issues in eDiscovery.

Kelly, Stephanie, and Aaron bring their unique perspectives and humor to an engaging discussion, blending industry expertise with practical takeaways. Tune in to learn how to navigate the complexities of electronically stored information (ESI) and prepare for what’s next in eDiscovery and legal technology.


Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

Discover the intricate details behind a pivotal court ruling involving Uber Technologies Inc. that is reshaping the landscape of electronic discovery. What happens when transparency in data preservation becomes paramount in litigation? Join me, Kelly Twigger, as I guide you through the unfolding legal drama of Uber's multi-district litigation over alleged sexual misconduct by its drivers. We'll unravel the implications of United States Magistrate Judge Lisa Cisneros' significant decision, focusing on the motion to compel Uber to reveal its litigation hold practices and ESI preservation details. As we explore this case, you'll gain valuable insights into the court's emphasis on the importance of custodial and non-custodial data in legal proceedings.

Understand the ripple effects of this ruling on large organizations and their ESI preservation obligations. The court's decision sheds light on the critical need for detailed information about data custodians and highlights the balance between proportionality and relevance in document preservation. We'll discuss how Uber's response to these demands has influenced the ongoing litigation and the broader implications for eDiscovery practices. Whether you're a legal professional or simply fascinated by the complexities of the legal system, this episode is packed with insights and practical guidance to keep you informed in the evolving realm of electronic data management.

Doe LS 340 v. Uber Techs., Inc.
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter here
eDiscovery Assistant Free 7 day Trial (no credit card required)

Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.