Unlock the secrets to a winning litigation strategy by mastering the art of preserving ephemeral data. What happens when critical evidence vanishes into thin air? This episode promises to arm you with essential insights from the pivotal case of Two Canoes LLC versus Addian Inc., where the loss of WeChat messages led to significant legal sanctions. Join me, Kelly Twigger, as I dissect the crucial role of early planning and the often-overlooked data sources like mobile devices that can make or break a case. Learn from the pitfalls of neglecting evidence preservation, drawing parallels from the 2020 3M lawsuit over counterfeit N95 masks, and understand the profound implications on litigation tactics and risk management.

Throughout our discussion, I unravel the challenges faced by Addian's CEO, Adam Woolworth, who failed to preserve essential messages, highlighting the ever-important themes of possession, custody, and control of data. We'll also delve into the broader landscape of eDiscovery case law, offering practical tips and insights to enhance your discovery practices. Whether you're a seasoned legal professional or navigating the complexities of eDiscovery for the first time, this episode is packed with valuable guidance to keep you ahead in managing electronically stored information. Subscribe and leave a review to stay informed on this rapidly-evolving field, and join me next week for more cutting-edge insights into the world of electronic discovery. 

Two Canoes LLC v. Addian Inc. (April 30, 2024)
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*This broadcast originally aired on 7/9/2024

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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 Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy. Join us next episode as we break down another important case shaping the future of ediscovery.