Generative AI

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AI Evidence: The Ultimate Guide for Lawyers

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Susan Kayser
Christopher Warren
Ecleynne Mercy
Joshua Offenhartz
Casey Erick
Mark Stignani
With Susan M. Kayser from Baker Hostetler + 5 others

Mon, Nov 02, 00:00 AM – 00:00 PM

Product ID 102627

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Overview

Can You Trust the Evidence?

Artificial intelligence is changing the way evidence is created, altered, exchanged, and challenged in litigation - raising a growing question for attorneys: Can you trust what clients, paralegals, or opposing counsel hand you? AI-generated emails, fabricated screenshots, deepfakes, synthetic audio - these aren't hypotheticals; they're showing up in active cases right now, and courts are still writing the rules. This practical program gives you a working framework for spotting, preserving, collecting, challenging, and presenting AI-related evidence - and for avoiding the pitfalls that are already catching attorneys off guard. Don't get caught flat-footed - register today!

  • Recognize AI-generated and AI-manipulated evidence before it damages the case.
  • Draft preservation letters and discovery requests that account for prompt histories, AI outputs, and vendor records.
  • Apply emerging authentication standards to AI text, audio, images, deepfakes, and metadata.
  • Work through compelling case studies that put you inside disputes litigators are facing.
  • Understand when using generative AI tools creates waiver, privilege, or work product exposure.
  • Protect yourself and meet your ethics obligations when AI is in the mix.

*Any mention of specific products in this program is intended as part of a general overview and does not constitute NBI's endorsement or recommendation of any specific product or provider. This program is not sponsored by any technology or electronics provider.

Abbreviated Agenda

  1. Authentic or Deepfake? Spotting What's Real - and What Isn't
  2. AI Discovery Requests and Subpoenaing AI Records
  3. How to Preserve and Collect AI Evidence
  4. Authentication and Hearsay in the Age of AI
  5. Recent AI Sanctions, Deepfake Cases, and Evidentiary Battles
  6. Discovery Case Study: The Automated Termination
  7. Evidence Case Study: The Disputed Screenshots
  8. AI-Generated Demonstrative Exhibits and Taking AI Evidence to Trial
  9. AI Ethics for Attorneys

Can't Attend Live?

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Product ID 102627

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Authentic or Deepfake? Spotting What's Real - and What Isn't

    1. AI-Generated Text: Emails, Contracts, Memoranda, Marketing Copy, Chatbot Conversations
    2. AI Audio Evidence: Voice Cloning, Synthetic Recordings, Voicemail, and Transcription Systems
    3. Synthetic Images and Video: Deepfakes, AI-Enhanced Surveillance, Image Generation Tools, Edited Photographs, and Synthetic Avatars
    4. AI Metadata and System Logs: Prompt Histories, Model Outputs, Confidence Scores, Audit Logs, User Interaction Records, and Version Histories
  2. AI Discovery Requests and Subpoenaing AI Records

    1. Waiver When Using Generative AI Tools
    2. Discoverability of Prompt Histories, Chat Logs, and AI Outputs
    3. AI Vendor Access, Retention Policies, and Third-Party Disclosure Risks
    4. Heppner and Emerging Cases
    5. Practical Drafting Tips for AI-Related Discovery Requests
    6. Subpoenaing AI Provider Records and Account Data
  3. How to Preserve and Collect AI Evidence

    1. Preserving AI Chat Histories, Prompt Logs, Outputs, Internal AI Usage Records, and Cloud-Based AI Data
    2. Litigation Holds and Spoliation Risks
    3. Identifying AI Sources
    4. Collection Best Practices
    5. Chain of Custody, Metadata, Provenance, and Watermarking
    6. Proportionality Issues
  4. Authentication and Hearsay in the Age of AI

    1. Foundational Requirements
    2. Authenticating AI-Generated Evidence
    3. Authenticating Human-Created Evidence / Refuting AI Manipulation
    4. Deepfakes, Synthetic Media, and Digital Forensics
    5. Relevance and Prejudice
    6. Hearsay: Is AI an “Out-of-Court Declarant”? and Application of the Business Records Exception
    7. Using and Attacking AI Experts Under Daubert
    8. Reliability and Transparency Concerns
  5. Recent AI Sanctions, Deepfake Cases, and Evidentiary Battles

    1. AI Hallucinations, Fake Citations, and Defective Legal Research
    2. Notable Sanctions Orders: What Attorneys Did Wrong and What It Cost Them
    3. Authentication Battles Over AI-Disputed Evidence
    4. AI Evidence in the Courtroom: Key Cases and Takeaways
    5. Standing Orders and Judicial AI Disclosure Requirements: Where Things Stand Now
  6. Discovery Case Study: The Automated Termination

    1. A company uses an AI workforce management platform to monitor employee performance, flag productivity outliers, and generate termination recommendations. A ten-year employee is terminated after the platform flags him as a low performer. He sues for age discrimination and retaliation, alleging the termination was pretextual and that he had recently filed an internal safety complaint.
    2. Issue 1: Discoverability of the AI Model and Training Data
    3. Issue 2: The Workforce Score as a Business Record
    4. Issue 3: Biased Inputs, Laundered Output
    5. Issue 4: Vendor Subpoena
    6. Issue 5: Spoliation of Score History and Audit Logs
  7. Evidence Case Study: The Disputed Screenshots

    1. During divorce proceedings, one spouse introduces screenshots of social media messages allegedly showing infidelity and undisclosed financial transfers. The opposing spouse argues the screenshots were fabricated, altered, or reconstructed using generative AI image-editing tools after the original messages and account data were deleted.
    2. What now?
  8. AI-Generated Demonstrative Exhibits and Taking AI Evidence to Trial

    1. How to Create AI-Enhanced or Generated Demonstrative Exhibits
    2. Evidentiary Issues With AI-Generated Demonstratives
    3. AI-Assisted Expert Reports
    4. Voir Dire Concerning AI
    5. Explaining AI to Jurors
    6. Cross-Examining AI Experts
    7. Jury Instructions
  9. AI Ethics for Attorneys

    1. Tech Competence
    2. Confidentiality of Client Information Fed Into AI Tools
    3. Candor to the Tribunal
    4. Supervisory Responsibilities
    5. Billing and Disclosure Issues for AI-Assisted Work

Who Should Attend

This program is designed for attorneys and is especially beneficial for practicing litigators. Paralegals may also benefit.

Speakers

Susan M Kayser
Susan M.
Kayser
Baker Hostetler
Christopher D Warren
Christopher D.
Warren
Falcon Rappaport & Berkman LLP
Ecleynne Mercy
Ecleynne
Mercy
Mercy Law P.C.
Joshua C Offenhartz
Joshua C.
Offenhartz
Offenhartz Law PLLC
Casey S Erick
Casey S.
Erick
Lewis Brisbois Bisgaard & Smith LLP
Mark Stignani
Mark
Stignani
Barnes & Thornburg LLP
Speaker bio
Susan M Kayser

Susan M. Kayser

Baker Hostetler
Susan Kayser

is a partner with Baker Hostetler. She is a nationally recognized intellectual property litigator and counselor to international and emerging brands on trademark, advertising and copyright matters. Ms. Kayser represents clients from numerous industries, including fashion, apparel, luxury, consumer products and food and beverage. She has significant experience obtaining and defeating temporary restraining orders and preliminary injunctions in trademark and copyright matters, including complex contributory infringement matters on behalf of brands. A leading trademark lawyer for both contentious and non-contentious matters, Ms. Kayser manages multibillion-dollar global trademark portfolios; negotiates multijurisdictional disputes; and leads IP due diligence for brand acquisitions. She has achieved significant victories for clients before the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board and National Arbitration Forum. Ms. Kayser’s copyright experience includes the protection and enforcement of works such as fabric designs, artwork and architectural plans, and she represents clients on moral rights under the Visual Artists Rights Act. In addition, she advises clients on the intersection of intellectual property and emerging technologies, particularly artificial intelligence, offering guidance on compliance policies, AI best practices, vendor agreement review and risk management. Ms. Kayser has been named as an IP Trailblazer by the National Law Journal and an IP Star multiple times by Managing Intellectual Property. She is also regularly recognized by the World Trademark Review as a leading trademark practitioner (both litigation and non-contentious). Ms. Kayser earned her B.A. degree from American University and her J.D. degree, magna cum laude, from American University Washington College of Law.

Speaker bio
Christopher D Warren

Christopher D. Warren

Falcon Rappaport & Berkman LLP
Christopher Warren

is a business litigator with over a decade of experience representing business owners, investors, and executives in high-stakes disputes across New York and New Jersey state and federal courts, and in arbitration. As New Jersey managing partner and co-chair of FRB’s Artificial Intelligence Practice Group,he is building the firm’s new Newark office at 3 Gateway Center as a native-AI incubator, a dedicated testing ground for agentic AI tools developed inside an active litigation and transactional practice. Working alongside co-managing partner Moish Peltz, Mr. Warren leads an initiative in which tools proven in Newark are released firm-wide, combining hands-on AI deployment with the governance frameworks he writes and teaches about. His practice concentrates on complex commercial disputes, including shareholder and partnership conflicts, business dissolutions, breach of fiduciary duty and accounting claims, and business-to-business contract litigation. Mr. Warren also represents individuals and businesses in securities regulatory matters before the SEC and state Attorneys General. He is an active thought leader on AI governance, data privacy, and legal ethics for the modern practice of law. Mr. Warren serves on the New Jersey Supreme Court District VI Ethics Committee for the 2025 to 2029 term, chairs the Artificial Intelligence Committee of the Hudson County Bar Association, and serves on the New York State Bar Association Committee on Artificial Intelligence, Cybersecurity, and Data Privacy. He also hosts and publishes Moral Machine, which is now relaunched at frblaw.com/podcast-category/moral-machine/. Before joining FRB, Mr. Warren combined his boutique New York City litigation practice into a mid-sized New Jersey firm, where he served on the firm’s Executive Management Committee and managed the firm’s New York City office. A former licensed securities professional and real estate entrepreneur, he brings a pragmatic, business-minded approach to litigation and client counseling. Clients rely on Mr. Warren for direct, practical advocacy, clear strategy, disciplined execution, and business-focused solutions, grounded in close collaboration, cost discipline, and informed risk assessment across court and arbitration forums. He earned his B.S. degree from University of Phoenix and his J.D. degree, cum laude, from New York Law School.

Speaker bio
Ecleynne Mercy

Ecleynne Mercy

Mercy Law P.C.
Ecleynne Mercy

is a highly accomplished attorney the proud owner and operator of Mercy Law P.C. She has also established Legal Upgrade, a company that offers various services and products related to legal guidance, instruction and wellness-based frameworks. The primary focus of Legal Upgrade is to assist individuals, businesses and communities in integrating wellness-based strategies into their daily legal lives and infrastructure. One of the key services provided by Legal Upgrade is an extensive workshop specifically designed to help students maximize their scores on the essay portion of the Georgia Bar Exam. Ms. Mercy has years of experience in helping repeat bar takers pass the bar, and she utilizes her expertise to provide valuable guidance and instruction to aspiring lawyers. Additionally, she oversees and directs various activities within Legal Upgrade. This includes training and supervising paralegal/support staff, conducting bar compliance reviews, providing case management training, monitoring deadlines, and performing firm audits. Ms. Mercy offers staff training programs in areas such as PI case management, family law case management, criminal defense case management, bar compliance, and system assessments. Furthermore, she conducts attorney trainings on a range of legal topics, including bar compliance, family law, criminal defense, general civil litigation, automobile and motorcycle accidents, slip and falls, dog bites, pedestrian impact cases, premises liability cases, and negligent security cases. Ms. Mercy's expertise in these areas allows her to provide comprehensive and specialized training to attorneys and law students. She is also actively involved in promoting legal awareness and civil rights. Ms. Mercy trains attorneys and law students to become legal observers, enabling them to monitor legal proceedings and ensure fairness. She conducts "Know Your Rights" seminars across the country, educating citizens about their constitutional rights when dealing with law enforcement. Additionally, Ms. Mercy serves as a legal commentator for Court TV, where she shares her insights and expertise on various legal matters. Her educational background includes a B.A. degree from Howard University and a J.D. degree from Western Michigan University Cooley Law School. Ms. Mercy holds memberships in several professional organizations, including the DeKalb Bar Association, State Bar of Georgia, Georgia Association of Black Women Attorneys, Haitian American Lawyers Association of Georgia, and Sister Care Alliance. These affiliations demonstrate her commitment to professional development, networking, and community engagement within the legal field.

Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Offenhartz Law PLLC
Joshua Offenhartz

is an attorney with Offenhartz Law PLLC. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council, and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona, and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

Speaker bio
Casey S Erick

Casey S. Erick

Lewis Brisbois Bisgaard & Smith LLP
Casey Erick

is a partner with Lewis Brisbois Bisgaard & Smith LLP and a member of the labor and employment practice. He focuses on commercial litigation and employment law. Mr. Erick has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation; including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He is a member of the State Bar of Texas and Dallas Bar Association, and is board-certified in civil trial law. Mr. Erick earned his B.A. degree, cum laude, from the University of Mississippi and his J.D. degree from Baylor School of Law.

Speaker bio
Mark Stignani

Mark Stignani

Barnes & Thornburg LLP
Mark Stignani

is a partner in the Minneapolis office of Barnes & Thornburg LLP. He is the chair of the firm's data analytics practice group, and applies his intellectual curiosity, technical and research savvy, and penchant for innovation to create a broad spectrum of analytics and strategic review of clients' corporate transactions, reorganizations, and intellectual property endeavors. Mr. Stignani earned his J.D. degree from William Mitchell College of Law while working for Alliant Techsystems. He previously had completed postgraduate work in robotics and control systems at the University of Minnesota and National Technological University, while working at Honeywell, Inc. Further, Mr. Stignani is a Certified Information Privacy Professional (CIPP). He offers his insights through dozens of webinars annually, and serves as a regular lecturer at colleges and universities across the state of Minnesota. Mr. Stignani also is a frequent speaker for various associations and conferences, including Reel Lawyer, Black Hills IP Analytics Series, LES International and Practicing Law Institute.

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