women in ediscovery kelly twiggerKelly Twigger is equally at home on the basketball court and in court, likely a testament to her undying tenacity, love for strategic sports, and an uncanny eye for game-winning strategies. She calls the shots like she sees them (she’s blunt and brutally honest should the need arise), and like any great athlete, attorney, or coach, thinks six moves ahead in order to create plays that don’t just work — they shine.

For over nineteen years, Kelly’s been an attorney focused on eDiscovery and Information Law. Her tech beginnings, however, date back to her first job in high school – building clone computers – and since that time, she’s made impressive strides as an attorney, litigator, innovator in eDiscovery and information law, a mother, and lover of all things basketball (did we mention basketball?).

Prior to founding ESI Attorneys in 2009, Kelly was a litigation partner at Quarles & Brady LLP, an AmLaw 200 firm. There, she managed litigation that ranged from the garden-variety breach of contract case to $100 million bet-the-company class actions and multi-district anti-trust matters.

From Full-Time Litigator to eDiscovery Strategist

So how does a woman make the shift from a litigator at an AmLaw 200 firm to an eDiscovery devotee? Back in the day, her firm had a luxurious CLE (Continuing Legal Education) allowance of $2000 — and wouldn’t you know it, Kelly needed some CLEs.

That was enough to put Kelly on a plane to New York City to attend the first ABA seminar on Electronic Discovery. Moved by what were sure to be groundbreaking changes in the way information is discovered and shared throughout the legal profession, she was instantly intrigued with eDiscovery. The rest is history.

She proceeded to build Quarles’ first eDiscovery and records retention practice, growing it to 25 professionals. She also launched that firm’s first eDiscovery blog (eDiscovery Bytes). Today, Kelly works with clients such as Fortune 50 and 250 companies, law firms of all sizes and specialties, and municipalities through ESI to help then do better business through smarter, more efficient eDiscovery practices and procedures. In 2011, she co-authored one of the most prominent books on eDiscovery, currently used by West for its eDiscovery education across the country.

“Kelly does what very few lawyers are able to do — she makes you forget she’s a lawyer and integrates into the business seamlessly. Before you know it, you’ve accomplished a ‘legal requirement’ without any of the associated pain.  And, your business is better and more efficient as a result.”

~Lisa Jordan, Assistant General Counsel at MillerCoors

If you’re looking for fluff, you won’t find it in your conversations with Kelly. She’ll call your firm’s procedural inefficiencies with the fervor of a basketball referee in the Final Four. On the flip side, she’ll help create systems that make opposing counsel’s head spin as you present an ironclad case in record time. She’s no-BS while nurturing, efficient while relationship-oriented, and probably just the mom you want to sit next to at the soccer fields – that is, if you’re interested in great conversation and a hilarious commentary on refereeing skills.

She lives in Boulder, Colorado with her husband and their three children. After years of her kids begging for a dog, she finally caved and adopted an adorable black lab puppy from Mountain Pet Rescue.

Her favorite moment as an attorney
Being hugged by a client after recovering $2250 in a pro bono case for her and her four children who had been wrongfully evicted from their apartment by a slumlord. It was a moment of seeing the difference a legal helping hand could make – this money meant she could move her family into another apartment instead of a shelter.
Favorite eDiscovery moment
Celebrating the moment a client’s legacy email archive — containing seven years and eight TB of email — was shutdown following a six month process of pulling all the data needed for legal holds. Managing the data pulled from that archive against active cases is still a regular task, but saving the client $40,000/month by implementing better technology and retention — Priceless.
What she loves about eDiscovery
“I love that, for the first time, the law is trying to be closer to the pace of what’s happening in the world instead of 10 years behind it. eDiscovery has pushed the law harder and faster than it’s been pushed in 200 years. Technology has forced changes in rules and case law that usually take 10 years or more, and we are adapting faster than usual.” 
Did you know...
…that Kelly won multiple state 4-H championships for baking peanut butter cookies? She estimates that she’s made over 5000 in her lifetime, each the same exact size and shape.

Publications/Books

Books
Electronic Discovery and Records Management Guide: Rules, Checklists, and Forms  — 2014-2015 ed. West Publishing with co-authors Jay Grenig, Browning Marean and Matthew Stippich (updated annually)
Articles

 

Press/Awards

Press

Q&A with eDiscovery Expert Kelly Twigger, Recommind blog, January 8, 2015

The Value of Riley v. California, an Interview with Kelly Twigger, Part II, Shepherd Data, November 12, 2014

Combating the Document Dump, an Interview with Kelly Twigger, Part I, Shepherd Data, October 17, 2014

eDiscovery Complicates Attorneys’ Cases, Denver Business Journal, August 26, 2011

Laid Back: City Scores Well in Stress Study, Milwaukee Business Journal, September 12, 2010

New Federal Rules for e-evidence, Milwaukee Business Journal, April 1, 2007

Awards
Kelly Twigger named a Legal Innovator for 2014 for her development of the eDiscovery Assistant™ app for iPad by the State Bar of Wisconsin, November 2014

Kelly Twigger named to 2010 class of 40 Under 40 Winners by Milwaukee Business Journal

 

Notable Professional Contributions

Articles Editor, IT-Lex
A 501(c)(3) organization dedicated to educational, literary, and scientific advancement in the field of technology law.
Guest Lecturer on eDiscovery
Vanderbilt Law School
University of Colorado Law School
University of Denver Strum College of Law
Marquette University Law School
Creator, eDiscovery Assistant™

Selected Speaking Engagements and Webinars

Speaking Engagements

eDiscovery:  Not One Size Fits All, Fifth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, March 10, 2016, Phoenix, AZ

Herding Cats:  A Case for Effective Project ManagementFifth Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, March 9, 2016, Phoenix, AZ

Cyber Security Threat: Are Mobile Apps and the Internet of Things Gateways to Security Breaches? LegalTech New York, February 4, 2016, New York, New York

Trending Topics and New Rules in eDiscovery, Wisconsin Law and Technology Conference, November 20, 2015, Milwaukee, WI

Information Governance: What Counsel Need to Know in the World of ESI, Colorado Bar Association Annual Event on Electronically Stored Information and the Law, July 29, 2015, Denver, CO

An eDiscovery Primer for Public Pension Plan Counsel, What You Need to Know and How to Prepare, National Association of Public Pension Attorneys Annual Meeting, June 23, 2015, Austin, Texas

Five eDiscovery Risks to Avoid in Board Communications, Recorded, May 14, 2015, delivered live and recorded from Boulder, CO

The Decade of Discovery, screening and panel discussion for the Seventh Circuit Pilot Program on Electronic Discovery, April 15, 2015, Chicago, Illinois

The 99%: eDiscovery Beyond Large Commercial Cases, 4th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, March 11, 2015, Tucson, Arizona

Pay Me Now, Pay Me Later — Defining scope, Assessing risk, and Setting Strategy for Matters, 4th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, March 11, 2015, Tucson, Arizona

5 Things You Need to Know About eDiscovery and How to Implement Them in Your Practice, Boulder County Bar Association Lunch n’ Learn, November 14, 2014, Boulder, CO

Ethics in Technology and eDiscovery — What you You Know, But Aren’t Thinking About, University of Arkansas Oil and Gas Symposium, October 16, 2014, El Dorado, Arkansas

Re-Thinking Your eDiscovery Process, Women in eDiscovery Featured Speaker, Minneapolis Chapter, September 11, 2014.  Courtesy of Shepherd Data.

Preservation of Your Plaintiff’s Electronic Data and Social Media Posts: What Do You Tell Your Client and What Preservation Steps Do You Need to Take? American Association of Justice National Convention, July 27, 2014, Baltimore, Maryland

A Discussion on Form of Production: What the Courts are Saying, How the FRCP are Being Interpreted and Why Form of Production Really Matters, Colorado Association of Legal Support Professionals (COALSP) Lunch n’ Learn, April 24, 2014, Denver, CO

eDiscovery and Social Media — What Records Managers Need to Know, Denver ARMA Chapter, March 18, 2014, Denver, CO

Case Law, Rules, and What You Need to Know about eDiscovery in 2013, 6th Annual Electronic Discovery Conference, Eastern District Wisconsin Bar Association, November 1, 2013, Milwaukee, WI

Tips and Tools for Handling eDiscovery in Small Matters, South-Central Wisconsin Electronic Discovery Summit, May 10, 2013, Madison, WI

eDiscovery Decisions, Trends and Issues to Pay Attention to, 5th Annual Electronic Discovery Conference, Eastern District Wisconsin Bar Association, November 14, 2012, Milwaukee, WI

Understanding the Ethical Implications of eDiscovery, 5th Annual Electronic Discovery Conference, Eastern District Wisconsin Bar Association, November 14, 2012, Milwaukee, WI

Cost Effective Electronic Discovery, Panel, 4th Annual Electronic Discovery Conference, Eastern District Wisconsin Bar Association, November 18, 2011, Milwaukee, WI

Essential Steps for Cost-Efficient and Effective Discovery Compliance in an Electronic Age, Business Counsel Institute — Crisis Management, State Bar of Wisconsin, November 30-December 1, 2011, Milwaukee, WI

The Implications of Cloud Computing and Social Media on Compliance and eDiscovery, October 18-19, 2011, New York, NY

Information GRC, Evaluating the Legal Risks of Global Organizations, June 2, 2011, Milwaukee, WI

The Role of the Legal Hold — How Information Management affects the Legal Process, Organizer and Key Note Speaker, Mile High ARMA chapter Spring Seminar, April 19, 2011, Denver, Colorado

The Ups and Downs of E-discovery in 2010:  A Case Law Update, 3rd Annual Electronic Discovery Conference, Eastern District of Wisconsin Bar Association, November 16, 2010, Milwaukee, Wisconsin

Information Management and its Role in E-discovery, Midwest Paralegals October Paralegal Lunch, October 20, 2010

Managing ESI to Meet Legal, Compliance and Open Records Needs Efficiently and Effectively, Wisconsin State Bar Public Records and Open Meetings Seminar, September 30, 2010, Madison, WI

Overview of the Proposed Wisconsin Rules of Electronic Discovery, Milwaukee Bar Association CLE, September 13, 2010

E-Discovery Outsourcing and In-sourcing:  Pros, Cons and Ethical Considerations, webinar, August 18, 2010

Tapping into the Cultural Keg:  Bringing RIM to the Joint Venture of MillerCoors, Managing Electronic Records (MER) Conference, May 17, 2010, Chicago, IL

The ESI Data Map — What is it, Why Do I Need One and How Do I Use It?, Milwaukee/Madison ARMA Chapters, February 11, 2010, Milwaukee, WI

The Legal Implications of Social Media, BizTech Conference and Expo, May 28, 2010, Milwaukee, WI

Building a Defensible Data Map, workshop, April 14, 2010, Chicago, February 4, 2010, New York, NY

Data Mapping 101, Eastern District of Wisconsin Bar Association’s Second Annual Electronic Discovery conference, November 18, 2009, Milwaukee, WI

Building a Defensible Data Map, workshop in conjunction with The Ingersoll Firm, October 6, 2009, Chicago, IL

Silos are for Corn, not RIM, IDC-Kahn Consulting, Inc. Compliance in Information Management Forum, September 16, 2009, New York, NY

The E-discovery Phenomenon and Why It Matters to IP Lawyers, Milwaukee Bar Association, April 21, 2009, Milwaukee, WI, available on demand

Webinars
Five eDiscovery Risks to Avoid in Your Board Communications, May 14, 2015

Building and Using an ESI Data Map, July 28, 2010

Records Retention and Litigation Preparedness:  Harnessing Business Value and Being Compliant By Knowing Where Your Business Content Is, June 22, 2009, available for download

The E-discovery Toolkit, May 22, 2009, available online or for download

The ESI Data Map:  What Inside Counsel and Records Managers Need to Know, March 24, 2009, available online or for download

Admissions

  • Supreme Court of Colorado
  • Supreme Court of Wisconsin
  • 7th Circuit Court of Appeals
  • Eastern and Western Districts of Wisconsin

 

Memberships

  • Advisory Board, University of Colorado Law School Masters in Compliance Program
  • Advisory Board, Legal Cloud Computing Association
  • Colorado Bar Association
  • Boulder County Bar Association
  • Wisconsin Bar Association
  • 7th Circuit eDiscovery Pilot Project Principle Development Subcommittee
  • American Bar Association, Committee on eDiscovery and Digital Evidence
  • Women in eDiscovery
  • Women’s Council of Boulder

 

Education

  • Washington University – St. Louis (Bachelors)
  • Marquette University Law School – (JD)