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Overview
Prompt, Protect, Produce: A Practical Guide to AI Discovery
As lawyers and clients increasingly rely on generative AI tools, a new category of discoverable material is emerging - one many are not yet prepared to address. From prompts and outputs to system logs and metadata, AI use can create a detailed, and potentially damaging, record. This program takes a practical, litigation-focused approach to AI discovery, using United States v. Heppner as a starting point to explore how courts are beginning to treat AI-generated content and what you should be doing now from a defensive and offensive perspective. Stay ahead of the risk - register today!
- Recognize how courts are beginning to treat discovery of AI-generated content.
- Spot where privilege and work product protections break down in AI use.
- Avoid common mistakes that can turn routine AI use into a discoverable liability.
- Learn best practices for making and responding to discovery requests for AI data.
Abbreviated Agenda
- United States v. Heppner: Quick Recap, Implications, and Open Questions
- What Is Discoverable? (Prompts, Uploads, Outputs, Chains, Histories/Logs, Metadata)
- Privilege and Work Product: Where Protection Fails - and Survives
- Drafting Effective AI Discovery Requests
- Applying Preservation Duties and Objections in AI Discovery
- Collection and Production of AI Data: Practical Insights
- How to Use AI Without Creating Discovery Exposure
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
1 Total | 05-11-2028 |
| Alabama CLE |
|
1 Total | 12-31-2026 |
| Arkansas CLE |
|
1 Total | 06-30-2026 |
| Arizona CLE |
|
1 Total | 05-11-2028 |
| California CLE |
|
1 Total | 05-11-2028 |
| Colorado CLE |
|
1 Total | 12-31-2028 |
| Connecticut CLE |
|
1 Total | 05-11-2028 |
| Delaware CLE |
|
1 Total | 05-11-2028 |
| Florida CLE |
|
1 Total | 11-30-2027 |
| Georgia CLE |
|
1 Total | 12-31-2027 |
| Hawaii CLE |
|
1 Total | 05-11-2028 |
| Iowa CLE |
|
1 Total | 05-11-2027 |
| Idaho CLE |
|
1 Total | 05-11-2031 |
| Illinois CLE |
|
1 Total | 05-09-2028 |
| Indiana CLE |
|
1 Total | 05-11-2027 |
| Kansas CLE |
|
1 Total | 05-10-2027 |
| Kentucky CLE |
|
1 Total | 06-30-2026 |
| Louisiana CLE |
|
1 Total | 05-11-2027 |
| Maine CLE |
|
1 Total | 05-09-2028 |
| Minnesota CLE |
|
1 Total | 05-11-2028 |
| Missouri CLE |
|
1.2 Total | 05-11-2028 |
| Northern Mariana Islands CLE |
|
1 Total | 05-11-2028 |
| Mississippi CLE |
|
1 Total | 07-31-2026 |
| Montana CLE |
|
1 Total | 05-11-2029 |
| North Carolina CLE |
|
1 Total | 02-28-2027 |
| North Dakota CLE |
|
1 Total | 05-11-2029 |
| Nebraska CLE |
|
1 Total | 05-11-2028 |
| New Hampshire CLE |
|
1 Total | 05-11-2029 |
| New Jersey CLE |
|
1.2 Total | 04-02-2027 |
| New Mexico CLE |
|
1 Total | 05-11-2028 |
| Nevada CLE |
|
1 Total | 05-11-2029 |
| New York CLE |
|
1 Total | 05-11-2029 |
| Ohio CLE |
|
1 Total | 12-31-2026 |
| Oklahoma CLE |
|
1 Total | 05-11-2028 |
| Oregon CLE |
|
1 Total | 05-11-2029 |
| Pennsylvania CLE |
|
1 Total | 05-11-2028 |
| Rhode Island CLE |
|
1 Total | 06-30-2026 |
| South Carolina CLE |
|
1 Total | 12-31-2026 |
| Tennessee CLE |
|
1 Total | 05-10-2028 |
| Texas CLE |
|
1 Total | 04-30-2027 |
| Utah CLE |
|
1 Total | 12-31-2026 |
| Virginia CLE |
|
1 Total | 10-31-2026 |
| Vermont CLE |
|
1 Total | 05-11-2028 |
| Washington CLE |
|
1 Total | 05-10-2031 |
| Wisconsin CLE |
|
1 Total | 12-31-2027 |
| West Virginia CLE |
|
1.2 Total | 05-11-2028 |
| Wyoming CLE |
|
1 Total |
Select Jurisdiction
CLE
Agenda
-
Privilege and Discovery of AI Post-Heppner
- United States v. Heppner: Quick Recap, Implications, and Open Questions
- What Is Discoverable? (Prompts, Uploads, Outputs, Chains, Histories/Logs, Metadata)
- Privilege and Work Product: Where Protection Fails - and Survives
- Drafting Effective AI Discovery Requests
- Applying Preservation Duties and Objections in AI Discovery
- Collection and Production of AI Data: Practical Insights
- How to Use AI Without Creating Discovery Exposure
Who Should Attend
This program is designed for attorneys. Paralegals may also benefit.
Speakers
Speaker bio
Alexandra Hughes
is of counsel at Rothwell, Figg, Ernst & Manbeck, P.C. She focuses her practice on litigation, with an emphasis on technology-related matters, particularly those involving artificial intelligence. An accomplished litigator and seasoned trial attorney, Ms. Hughes brings a wealth of hands-on experience to the disputes she handles. Prior to joining Rothwell Figg, she was an accomplished federal prosecutor specializing in national security and cybercrime, with nearly a decade of experience at the U.S. Department of Justice (DOJ). Most recently serving as an assistant U.S. attorney in the National Security Section of the U.S. Attorney's Office for the District of Columbia, Ms. Hughes' work included high-profile investigations and prosecutions of classified information disclosures, sanctions evasion, terrorism, and large-scale cryptocurrency thefts, resulting in multiple convictions in complex, high-stakes trials. Before serving as an assistant U.S. attorney, Ms. Hughes was a trial attorney in DOJ's National Security Division, Counterterrorism Section. In this position, she served as one of the Department's two domestic terrorism coordinators and was selected for the 2020 Cyber Fellowship, receiving advanced training in cyber investigations. While in the National Security Division, Ms. Hughes was trial counsel in a landmark federal trial and seditious conspiracy case, earning national recognition. She earned her B.A. degree from Bates College and her J.D. degree, magna cum laude, Order of the Coif from Georgetown University Law Center.
Speaker bio
Jason M. Loring
is a partner at Jones Walker LLP. He is a partner in the corporate practice group and a member of the commercial transactions team. He focuses his practice on data privacy; data protection; cybersecurity; artificial intelligence adoption, deployment, and risk mitigation; privacy assessments and audits; data innovation; incident response and proactive incident readiness; vendor and outsourcing agreements and contracts; and related legal and regulatory matters. Among other clients, he represents publicly traded corporations and privately held companies, as well as government entities, not-for-profits, and other enterprises. Mr. Loring is a Certified Information Privacy Manager (CIPM) and Certified Information Privacy Professional, United States (CIPP/US), certifications he earned from the International Association of Privacy Professionals (IAPP). The IAPP has also bestowed on him the prestigious honor of being a Fellow of Information Privacy (FIP). Prior to joining Jones Walker, Mr. Loring served as senior vice president, deputy chief legal officer, and global head of privacy and data protection for Vialto Partners, a strategic global consulting and business services firm focused on the tax, immigration, compensation, and other global mobility needs of national and multinational clients. Previously, he served as chief privacy and security counsel, Americas, for EY, a global consulting firm; as assistant general counsel, corporate services, for E*TRADE Financial Corporation; and as counsel, global enterprise solutions, for ADP. Mr. Loring began his career in private practice in Atlanta. He earned his B.A. degree from College of Charleston and his J.D. degree from Wake Forest University School of Law.
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