Litigation & Appeals

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Discovery in the Age of AI: eDiscovery, Emerging Case Law, and Ethical Minefields

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Idaho CLE Pending 3 Total
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Indiana CLE Approved 3 Total
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Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Pending 3 Total
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Montana CLE Pending 3 Total
North Carolina CLE Approved 3 Total
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Nevada CLE Approved 3 Total
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Washington CLE Approved 3 Total
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North Carolina Continuing Paralegal Education Approved 3 Total
New Mexico Paralegal Division, State Bar of Approved 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 3 Total
Live Online
3 hours
Candice Kearney
Deborah Winokur
Nicholas Berenato
Aleem Choudhary
Nicole Gill
Caitlin Oyler
With Candice Kearney from Tucker Law Group + 5 others

Thu, Oct 22, 00:00 AM – 00:00 PM

Product ID 102818

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Overview

AI Has Changed Discovery Forever: Learn the Rules, Risks, and Best Practices

Chatbot transcripts, AI-drafted documents, and synthetic media are now showing up in discovery, and the rules haven't caught up. Attorneys are missing legal holds on auto-delete tools, fielding objections over prompt histories, and watching colleagues get sanctioned for AI hallucinations that slipped past review.

This course delivers a working framework for AI-era discovery, from identifying and preserving AI-touched ESI under Rules 26, 34, 37, and 45 to defending your review methodology and authenticating what lands in the record, plus a clear-eyed look at the ethical exposure these tools create. Register today!

  • Treat AI outputs and synthetic content as discoverable ESI under Rules 26, 34, 37, and 45.
  • Preserve AI tool outputs and cloud data before auto-delete settings erase them.
  • Track the latest case law on prompt discoverability, AI hallucination sanctions, and ephemeral messaging.
  • Navigate structured enterprise data exports and cost-shifting disputes.
  • Spot your ethical exposure under the duties of competence, candor, and confidentiality.

Abbreviated Agenda

  1. Federal eDiscovery: Rules, Evidence, and AI-Generated Records
  2. AI, New Discovery Issues, and Recent Case Law
  3. Ethics of AI in Discovery: Competence, Candor, and Technology

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102818

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 3 Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Pending 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Pending 3 Total
Idaho CLE Pending 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Pending 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Pending 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Pending 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Pending 3 Total
Nebraska CLE Pending 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3 Total
Ohio CLE Pending 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Pending 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Pending 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Delaware Certified Paralegal Program Approved 3 Total
Florida Registered Paralegal Approved 3.5 Total
Indiana Paralegal CLE Approved 3 Total
Montana CLE Credit for Paralegals Approved 3 Total
North Carolina Continuing Paralegal Education Approved 3 Total
New Mexico Paralegal Division, State Bar of Approved 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 3 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in
  1. Federal eDiscovery: Rules, Evidence, and AI-Generated Records

    1. AI Enters the Record: Chatbot outputs, meeting summaries, AI prompts, AI-drafted documents, and synthetic content as new categories of ESI
    2. The Rules That Govern ESI: Rule 26 proportionality, Rule 34 production format and metadata, Rule 37 spoliation sanctions, Rule 45 third-party/cloud subpoenas
    3. Preserving AI and Cloud Data: Legal hold triggers, auto-delete traps, and holding AI tool outputs before they vanish
    4. Collecting and Reviewing AI-Touched ESI: TAR vs. AI-assisted review, defensibility questions, production mechanics
    5. Authenticating AI-Generated Evidence: FRE 901/902, deepfakes, and telling synthetic from real
  2. AI, New Discovery Issues, and Recent Case Law

    1. Is a Prompt Discoverable? Treating AI chat logs and prompt histories as potential business records
    2. AI Hallucinations in Filings: Sanctions trends and courts' emerging response
    3. Ephemeral and Disappearing Messages: WhatsApp, Signal, Teams/Slack; can a screenshot ever suffice?
    4. Social Media and Personal Devices: Privacy, authentication, deleted content, geolocation
    5. Structured Data Systems: Salesforce, SAP, Oracle, Jira; export vs. production, cost-shifting
    6. Where Courts Go Next: The open AI-discovery questions on judges' radar
  3. Ethics of AI in Discovery: Competence, Candor, and Technology

    1. Generative AI's Ethical Traps: Confidentiality leaks, client data exposure, hallucinations, verification duties
    2. TAR and AI Review Ethics: Disclosure obligations and validating what the algorithm found
    3. Technology Competence: What attorneys must understand about metadata, cloud, mobile, AI systems; and what happens when they don't
    4. Spoliation Ethics: Selective preservation and lost data, intent vs. negligence, sanctions to bar referral
    5. Candor to the Court: Misrepresented collection efforts, concealed custodians, red-flag language to avoid

Who Should Attend

This program is designed for attorneys. Litigation support professionals, paralegals, and records/IT professionals working with electronically stored information will also benefit.

Speakers

Candice Kearney
Candice
Kearney
Tucker Law Group
Deborah Winokur
Deborah
Winokur
Cozen O'Connor
Nicholas Berenato
Nicholas
Berenato
Cozen O'Connor
Aleem S Choudhary
Aleem S.
Choudhary
Obermayer Rebmann Maxwell & Hippel LLP
Nicole M Gill
Nicole M.
Gill
Cozen O'Connor
Caitlin L Oyler
Caitlin L.
Oyler
Cozen O'Connor
Speaker bio
Candice Kearney

Candice Kearney

Tucker Law Group
Candice Kearney

is counsel with Tucker Law Group where she is a seasoned civil trial attorney with a proven record of successfully defending cases through verdict and appeal. She represents businesses, entrepreneurs, and individuals in complex commercial, real estate, employment, and tort disputes. Ms. Kearney brings significant experience in construction liability, premises liability, automobile liability, and insurance coverage matters. She has taken and defended more than 300 depositions, litigated over 50 arbitrations, and successfully tried jury trials to verdict. Known for her clear and collaborative style, Ms. Kearney prioritizes open communication to ensure client goals are aligned at every stage of the litigation process. She is proud to serve her community through civic engagement, education, and pro bono advocacy. An active volunteer with Ward 39A, Ms. Kearney has planned and led numerous voter registration initiatives. Ms. Kearney is committed to civics education and regularly works with community members — from elementary students to senior citizens — to promote awareness and understanding of the legal system. She also volunteers as a judge for mock trial and oral argument competitions at the high school, college, and law school levels. Her pro bono work includes representing individuals through Philly VIP and assisting with pardon applications in partnership with Philadelphia Lawyers for Social Equity. Ms. Kearney earned her undergraduate degree from Rutgers University and her J.D. degree, magna cum laude, from Drexel University's Thomas R. Kline School of Law. While at Drexel, she served in leadership roles on both the Drexel Law Review and the Moot Court Board, was a national semifinalist in the Jerome Prince Memorial Evidence Competition and provided supplemental instruction to students in Civil Procedure during her second and third years. Ms. Kearney is admitted to practice in New Jersey, Pennsylvania, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Middle District of Pennsylvania and the United States District Court for the District of New Jersey.

Speaker bio
Deborah Winokur

Deborah Winokur

Cozen O'Connor
Deborah Winokur

is an associate general counsel – professional responsibility with Cozen O'Connor advising clients on risk management, ethics, and professional responsibility issues arising within their law firms and practices. She also works with stakeholders within the firm to advise on ethical aspects of pending matters and to assure adherence to ethical standards and compliance with firm policies. In addition, Ms. Winokur advises firm management on lateral recruitment and integration. She handles pro bono representations, including representing clients through the Support Center for Child Advocates, Defender Association of Philadelphia, Campaign for Working Families Tax Clinic, Volunteers for the Indigent Program and Homeless Advocacy Project. Ms. Winokur is a lecturer in law and teaches a course in Professional Responsibility and Ethics at the University of Pennsylvania Carey Law School. She is also a regular columnist for Law360, where she shares her insights on current legal ethics issues. Ms. Winokur earned her bachelor's degree, cum laude, from the University of Pennsylvania and her law degree from Columbia University School of Law. She is affiliated with American Bar Association Section of Litigation Ethics and Professionalism Committee (Member; Programming Committee Chair 2022), co-chair, Professional Responsibility Committee of the Philadelphia Bar Association, Philadelphia Bar Association Professional Guidance Committee, Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility, Pennsylvania Bar Association Civility in the Professional Committee, Pennsylvania Bar Association House of Delegates (Voting), Pennsylvania Bar Association Professional Liability Committee, Pennsylvania Bar Association Unauthorized Practice of Law Committee and the Pennsylvania Bar Association Women in the Profession Committee (Legislative Committee; Promotion of Women Subcommittee). Ms. Winokur is admitted to practice in Pennsylvania.

Speaker bio
Nicholas Berenato

Nicholas Berenato

Cozen O'Connor
Nicholas Berenato

is an associate and information governance principal with Cozen O'Connor who collaborates with clients to address legal and financial exposure from their information assets through information governance and electronic discovery. He develops strategies and policies to enable clients to effectively manage their data in a manner that minimizes costs and allows clients to leverage their data to support their business processes. Mr. Berenato has experience developing policies that relate to an organization's information, such as data retention policies and email policies, building document retention schedules, and guiding clients through the defensible disposition of information assets. He is also an experienced attorney in the field of electronic discovery. Mr. Berenato draws on his prior experience as an associate in Cozen O'Connor's commercial litigation department to support litigation attorneys with discovery strategy and to create bespoke workflows that utilize generative AI, machine learning, and human review to conduct discovery as efficiently and effectively as possible while minimizing unacceptable risk. He earned his bachelor's degree in history from James Madison University. Mr. Berenato earned his law degree, magna cum laude, from Rutgers Law School, where he was the business editor of Rutgers University Law Review. Upon graduation, he was elected to the Order of the Coif. While in law school, Mr. Berenato was a summer associate at the firm in 2018. He was a judicial extern for the Honorable Ann Marie Donio, U.S. Magistrate Judge, for the District of New Jersey. He also interned for the Honorable Nelson Johnson and the Honorable Bernard E. DeLury in Atlantic County, NJ. Mr. Berenato is admitted to practice in Pennsylvania.

Speaker bio
Aleem S Choudhary

Aleem S. Choudhary

Obermayer Rebmann Maxwell & Hippel LLP
Aleem Choudhary

is the director of practice support and e-discovery with Obermayer Rebmann Maxwell & Hippel LLP. In this role, Mr. Choudhary advises Obermayer clients and attorneys on best practices regarding the management, collection, processing, and production of Electronically Stored Information (ESI) used in litigation and internal investigations. Working with all departments in the firm, he understands how to bridge the gap between the legal teams and IT personnel to streamline discovery efforts and design cost-effective solutions for clients. Mr. Choudhary carefully considers each case's nuances to provide the greatest value and level of service. He earned his B.A. degree from Rutgers University.

Speaker bio
Nicole M Gill

Nicole M. Gill

Cozen O'Connor
Nicole Gill

is chair and managing member, CODISCOVR with Cozen O'Connor working with attorneys and clients firmwide to develop efficient and effective discovery management strategies tailored to the case at hand. Leveraging advanced technologies and analytics, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many jurisdictions, both domestic and foreign. Ms. Gill participates in 26(f) conferences; negotiates agreements and stipulations establishing parties' obligations with respect to preserving, searching, and producing electronically stored information (ESI); directs use of artificial intelligence (AI) in discovery; and negotiates technology assisted review (TAR) and predictive coding protocols. She also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications and develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM). Additionally, Ms. Gill is involved in discovery-related motion practice, including the drafting of affidavits in support of cost-shifting. She has written the ABA's book on eDiscovery – Best Practices for E-Discovery: A Practical Handbook – which has been featured in eDiscovery Today. Ms. Gill has also contributed commentary to eDiscovery Today's State of the Industry Report, providing insight into the future of eDiscovery technology and practice. She is a member of the Sedona Conference WG1 and WG6 and is currently part of the WG6 Drafting Committee focused on exploring data privacy issues related to the exportation of data from the People's Republic of China. The leading think tank on eDiscovery law and practice, the Sedona Conference's commentaries are regularly cited by judges and significantly influence the development of rules of evidence and civil procedure for federal and state courts. Ms. Gill has written articles appearing in The Legal Intelligencer, Bloomberg Law, The Pennsylvania Bar Association Quarterly, Thomson Reuters, the American Bar Association's online content, and The Philadelphia Lawyer. She has spoken on numerous eDiscovery-related panels at the country's most reputable conferences, including Georgetown Law's Advanced eDiscovery Institute, the International Legal Technology Association's EVOLVE conference, the Construction Super Conference, the Sedona Conference, the Master's Conference, the Association of Corporate Counsel's Annual Conference, and Law.com's Women, Influence & Power in Law Conference. Ms. Gill is also a member of the Philadelphia Chapter of Women in eDiscovery, serves as a member of the Philadelphia Bar Association's Innovation Center, a member of the CEOs vs. Cancer Committee for the American Cancer Society, a Spark member of the Forum of Executive Women, a member of the Power of Professional Women of Philadelphia, a member of the National Association of Women Lawyers, and vice co-chair of the firm's Women's Initiative. Prior to joining the firm, she was an associate attorney at the Philadelphia office of a Northeast-based law firm where she defended health care providers and companies in malpractice and negligence actions. Ms. Gill was also a judicial intern for the Honorable Marjorie Rendell, U.S. Third Circuit Court of Appeals, and a summer law clerk for the Honorable Juan Sánchez. She earned her B.A. degree, magna cum laude, and her M.A. degree from Villanova University, her J.D. degree, summa cum laude, from Temple University—James E. Beasley School of Law. Ms. Gill is admitted to practice in Pennsylvania, New Jersey, U.S. District Court - Eastern District of Pennsylvania and the U.S. District Court - Middle District of Pennsylvania.

Speaker bio
Caitlin L Oyler

Caitlin L. Oyler

Cozen O'Connor
Caitlin Oyler

is counsel with Cozen O'Connor where she focuses her practice on issues relating to information governance and electronic discovery in connection with high-stakes commercial litigation, pharmaceutical patent litigation, antitrust matters, and internal and government investigations. With more than a decade of experience with eDiscovery issues, she counsels clients on the preservation, collection, analysis, review, selection, production, and protection of electronically stored information. Ms. Oyler earned her undergraduate degree, cum laude, from Pepperdine University and her law degree from American University's Washington College of Law. During law school, she served as a legal intern for the Honorable Lloyd U. Nolan of the D.C. Superior Court. Ms. Oyler is also a fluent Spanish speaker. She is affiliated with Women in eDiscovery, Los Angeles Chapter. Ms. Oyler is admitted to practice in California and the District of Columbia.

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