Kelly Twigger
Kelly Twigger is the founder and owner of ESI Attorneys. As a former commercial litigator with an AmLaw 200 law firm, Kelly combines her background as a trial lawyer with years of experience managing discovery and her in depth knowledge of IT systems to advise her clients on the legal risks in storing, managing and producing ESI for compliance and e-discovery. Her goal is to help clients grow their businesses by mitigating risks and reducing associated costs. She partners with the client and their internal IT and records management teams to evaluate current practices and advise on how to achieve the client’s goals for compliance, information management and e-discovery.
As e-discovery counsel in a specific matter, Kelly works with in-house and outside merits counsel to plan for and put an appropriate legal hold in place, identify the sources of ESI relevant to a particular matter, advise on or participate in the Rule 26 or state equivalent conference to establish the preservation and production obligations of the client, manage the process of identifying and working with vendors, and gather metrics on the costs of e-discovery for an organization.
Kelly is a frequent speaker on e-discovery, compliance, social media and cloud computing issues, a guest lecturer at Marquette University Law School, and is available as a special master for e-discovery in both state and federal litigation.
Kelly’s work with clients includes:
- Evaluating and mapping client IT infrastructures for compliance and e-discovery policies and processes;
- Establishing a process for preserving, collecting and producing ESI to achieve consistency and reduce the costs and risk associated with e-discovery;
- Conducting assessments of where an organization is and where it needs to be given current legal risks obligations;
- Managing the e-discovery process at organizations with no dedicated legal counsel for e-discovery;
- Managing RIM Initiatives within an organization to understand and manage the sources of ESI that are discoverable;
- Identifying technological solutions, i.e. legal hold tools, ECM, email archives, that meet the business and legal needs for a specific organization;
- Evaluating existing media and creating a process for legacy data to be purged given existing legal holds;
- Negotiating contracts for cloud computing solutions to address client’s obligations to provide ESI;
- Training in-house and outside counsel on their obligations in e-discovery and how to meet them;
- Helping clients select vendors for e-discovery projects; and
- Drafting RFB’s for e-discovery related issues to be sent to outside counsel.
Recent Speaking Engagements and Webinars
- The Implications of Cloud Computing and Social Media on Compliance and E-discovery, 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
- Webinar, E-Discovery Outsourcing and In-sourcing: Pros, Cons and Ethical Considerations, August 18, 2010
- Webinar, Buiding and Using an ESI Data Map, July 28, 2010
- Tapping into the Cultural Keg: Bringing RIM to the Joint Venture of MillerCoors, Managing Electronic Records (MER) Conference,May 17, 2010
- 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
- Webinar: Records Retention and Litigation Preparedness: Harnessing Business Value and Being Compliant By Knowing Where Your Business Content Is, June 22, 2009, available for download
- Webinar: The E-discovery Toolkit, May 22, 2009, available online or for download
- The E-discovery Phenomenon and Why It Matters to IP Lawyers, Milwaukee Bar Association, April 21, 2009, Milwaukee, WI, available on demand
- Webinar: The ESI Data Map: What Inside Counsel and Records Managers Need to Know, March 24, 2009, available online or for download
Upcoming Speaking Engagements
- Cost Effective Electronic Discovery, Panel, 4th Annual Electronic Discovery Conference, Eastern District Wisconsin Bar Association, November 18, 2011, Milwaukee, Wisconsin,
- 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, Wisconsin
Admissions
- Supreme Court of Wisconsin
- 7th Circuit Court of Appeals
- Eastern and Western Districts of Wisconsin
Memberships
- Milwaukee Bar Association
- 7th Circuit Bar Association
- Sedona Conference Working Group on Electronic Document Retention and Production
- American Bar Association, Committee on E-discovery and Digital Evidence
- ARMA, Milwaukee Chapter
- Women in E-discovery, Chicago chapter
Education
- Marquette University Law School, Juris Doctor cum laude, 1997
- Washington University in St. Louis, Bachelor of Arts, 1993


