PROGRAM SESSIONS

The man, the myth, and – according to one previous Summit attendee “the only person who can make caselaw interesting” – Jeremy Wikler returns with yet another entertaining installment of our annual Caselaw Update. Join Jeremy and a panel of leading experts as they weed through the previous year’s caselaw to provide a critical and thought-provoking summary to help keep us up to date.

Like Technology Assisted Review (TAR) before it, Generative Artificial Intelligence (GenAI) review has the potential to completely transform the document review stage of discovery. This panel will discuss strategies and best practices for GenAI review, based on data from actual matters in which GenAI review was used in 2025. Panelists will also cover evolving legal arguments on the permissibility of GenAI review under Rule 26(g) and ongoing industry efforts to develop standards governing GenAI review.

When compliance issues originate within an organization, internal investigations require careful handling. This panel will explore the best practices for managing these sensitive matters, from intake and fact-finding to preserving privilege, navigating whistleblower concerns and coordinating with outside counsel, providers and regulators. Panelists will share practical strategies and common pitfalls to help ensure investigations are efficient, credible and aligned with broader compliance goals.

As we enter a transformational period of eDiscovery our panelists ponder the future, looking ahead five to ten years, and offering their visions of the eDiscovery universe including the ideal future state, worst-case predictions and the most likely outcomes. Everything is on the table from radical changes to the Federal Rules of Civil Procedure, landmark caselaw decisions, paradigm shifting technology innovations impacting all phases of the eDiscovery Reference Model (EDRM), fundamental shifts to the legal practice and law firm ownership and more.

It is the cornerstone of legal representation that attorneys and clients be able to openly discuss confidential information in the provision of legal services without fear that their information will be disclosed. However, the sanctity of privileged communications is increasingly under siege. This session will focus on strategies for protecting privilege in challenging scenarios such as lawyer-provided employee training, in-house counsel’s advice when wearing multiple hats and requirements for providing legal advice to foreign entities. As AI use by attorneys continues to grow, privilege questions emerge, including whether the AI model used impacts whether inputs remain privileged, if prompts are privileged and the privileged status of AI-generated outputs.

This panel will explore how organizations in financial services and other highly regulated industries can develop and implement a holistic governance framework to support the responsible, defensible and effective adoption of GenAI. Panelists will discuss the establishment of internal governance structures, such as AI committees, to oversee the implementation and ongoing stewardship of GenAI. The conversation will include best practices for creating clear and compliant acceptable use policies, strategies for enforcing responsible AI design and deployment and monitoring of cybersecurity considerations. Attendees will gain practical insight into identifying and training key stakeholders, managing third-party vendor risks, including contractual considerations, and proactively navigating evolving technology and regulatory requirements. The session will offer actionable guidance for organizations aiming to ensure the safe, effective and compliant use of GenAI.

In just two short years, generative AI has revolutionized the world of eDiscovery and legal data intelligence by significantly enhancing review efficiency and accuracy. Legal departments have been working tirelessly to understand the technology, align it to their internal strategies and implement it successfully all while data volumes show no signs of slowing down. Those organizations that adapted early are breaking away from the pack, learning and adapting and improving their results. Strategic innovation doesn’t happen in a day. Leading through change requires stakeholder alignment, risk management and clear communication to ensure seamless adoption. By prioritizing these critical steps, legal leaders can foster a culture of adaptability, innovation and continuous learning. Hear from industry leaders who have successfully implemented generative AI in their organizations and the lessons they learned along the way.

The use of GenAI in litigation is growing rapidly, which has raised complex ethical issues for attorneys. This panel will discuss what counsel must do to comply with ethical rules when selecting and using GenAI tools, especially rules governing protection of client information, communication with clients, competent representation, supervision and independent professional judgment. The discussion will feature a particular focus on ABA Model Rule 5.3(b) and ABA Formal Opinion 512 and how they are interpreted in the legal profession.

Our contemporary communication landscape in all its complexity challenges traditional fact-finding strategies in eDiscovery. These approaches, often premised around basic keyword searches to find those “smoking gun” documents, often fall short of meeting the demands presented by modern data. However, with technology and a refreshed approach, you can improve these strategies and quickly get to the critical information you need. In this session, experts will share updated fact-finding techniques and workflows. These include deploying keywords effectively, improving early case assessment and utilizing GenAI for critical summarization.

With the ever-evolving AI landscape, data governance is at the forefront of in-house legal professionals' concerns. From selection to rollout, in-house compliance and litigation teams should have a seat at the proverbial table and be prepared to advise on the implications of authorized (and unauthorized) use of AI tools, as well as potential mitigating factors, such as configuration setting sand training. In this session, panelists will dive deep into the available AI tools and the complexities of AI rollouts, addressing the unique challenges faced by in-house legal teams and offering practical solutions to harness the power of AI effectively and securely. Your IT team will surely appreciate your newfound wisdom!

The transition from paper to digital ways of conducting business and life radically expanded the amount of discoverable data. Lawyers and their staff were forced to become proficient not only in data technology, but also in process engineering. As the digital revolution continues to shapeshift, from cloud computing to the proliferation of LLMs, the need to oversee, manage and track newly complex methods of locating, retrieving, filtering, reviewing, and producing responsive data is as important and complicated as ever. This session will explore and explain the latest ways to succeed at these tasks, from choosing and organizing the optimal staff to selecting and using the latest technology-aided solutions.

This year, our panel of esteemed judges will discuss a hypothetical conference between the Judges and the Advisory Committee on Civil Rules. The Judges will discuss how the Federal Rules of Civil Procedure are applied with respect to proportionality, sanctions, remote deposition testimony and remote trial testimony and whether Rules amendments should be considered in these areas.

This session addresses the challenges faced by legal professionals when working with judges who might be newer to data science. The discussion will explore strategies for effectively communicating complex data concepts in a courtroom setting, ensuring that the judge can grasp the essential points. Panelists will also provide practical tips for simplifying technical jargon and using visual aids to make data-driven arguments more accessible. Ultimately, the aim is to bridge the gap between data science and the legal field, fostering better understanding and decision-making.

Every modern business has a website, a digital front door that often comes with potential back door legal exposure. As cyberattacks increase in frequency and complexity, litigation follows close behind. Whether the issue is data breach, unauthorized access or failure to disclose, organizations face lawsuits that hinge on the adequacy of their cybersecurity measures and their ability to respond to incidents. This session will explore the evolving landscape of cyber litigation, including key discovery challenges: tracking digital activity, preserving evidence and navigating privacy and privilege issues in the cloud.

As AI tools are embedded in everyday business operations, from drafting documents and generating emails to producing images, data and analysis, they also create new complexities for eDiscovery. This panel will explore the emerging challenges and practical considerations involved in collecting, reviewing and producing AI-generated data in litigation and investigations. Panelists will discuss how to identify and preserve content created by GenAI tools, and address questions of authorship, privilege and admissibility. The session will also cover evolving expectations from courts and regulators, as well as strategies for collaborating with clients and vendors to manage the unique risks and opportunities that come with this fast-moving technology.

New technology for automated transcription of depositions, hearings, trials and arbitrations is revolutionizing the court reporting industry. This has provided corporate legal departments and law firms with a new ability to search, analyze, manage and derive intelligence from testimony, just as eDiscovery professionals have been doing with discovery data for many years. This panel will explore this new technology and how it is being used today to cut costs, improve cybersecurity and give parties a competitive advantage in litigation with GenAI.

In an era where watercooler conversations are replaced by Slack threads and mentorship often happens through a screen, how do we ensure the next generation of eDiscovery professionals not only survives, but thrives? This session explores what it takes to mentor effectively in today’s hybrid, tech-heavy legal landscape. From remote work challenges and AI-infused workflows to cross-generational learning and inclusion, we’ll dive into the evolving nature of mentorship and the urgent need to adapt. Hear candid stories and creative strategies from leaders who have built resilient, high-performing teams and from rising professionals who are navigating the new world of eDiscovery without the benefit of in-person shoulder taps.

Law often comes down to understanding cause and effect: if X is true, then Y follows. Data science helps lawyers make better decisions by improving how they gather and evaluate the “if” part of that equation. This session will introduce key concepts such as causality, identifying spurious correlations, sampling, measurement, optimal decision theory, machine learning and other pertinent data science topics.

This panel will discuss best practices for how organizations might utilize recent caselaw decisions and industry trends to adapt their information governance policies and protocols to help reduce risk while driving efficiency. Panelists will cover topics including preservation/spoliation, document links, mobile devices, communications platforms and cross-border data transfers.

Rapid changes in every aspect of data creation, management, storage, retrieval and disposal have likely rendered outdated even relatively recent templates for meet-and-confer encounters. Approaching this critical first meeting with opposing counsel without updated outlines and preparation can adversely affect your client’s litigation posture from the start. Learn the latest approaches to conducting and memorializing a meet-and-confer and leave with the resources necessary to educate litigation teams and achieve maximum effectiveness.

In an era of protracted litigation, organizations face unprecedented challenges in maintaining sustainable legal hold processes. This panel will explore strategic approaches to managing long-term preservation obligations, balancing operational efficiency with compliance and mitigating the financial and operational burdens of seemingly endless legal disputes.

Much of the talk around GenAI in the discovery space has been about GenAI’s promise as a wholesale replacement for existing eDiscovery responsiveness and privilege processes. This session will flip the script by exploring how GenAI can operate as a discreet and powerful “secret agent” within your current framework, rather than replacing the entire system. Think of GenAI less as a hostile takeover and more like a covert operative, your own personal James Bond. Panelists will delve into practical ways to integrate GenAI’s review skills into your existing TAR and search term based responsive, privilege and key reviews. Particular attention will be given to how GenAI can refine the final quality of privilege determinations and adapt responsive coding decisions to evolving production criteria.

Successful legal service providers understand that meeting client expectations goes beyond just delivering results, it requires insight into the unique challenges and priorities of in-house and outside counsel teams. This panel will offer an inside perspective on what truly matters to corporate legal departments and law firms, from budget constraints and risk management to workflow preferences and communication styles. Panelists will share key takeaways that every outside provider should know to foster stronger partnerships, improve efficiency and add real value.

Cloud-based collaboration tools like Microsoft 365 and Google Workspace offer unmatched convenience, but with that convenience comes significant legal considerations. This panel will examine how these platforms impact discovery obligations, data retention, privilege and security. Join this panel to learn how legal and IT teams can work together to configure these systems in ways that support compliance, reduce litigation exposure, and respond effectively to regulatory inquiries.

This presentation will explore the transformative role of AI in the realm of information governance and eDiscovery. This session will delve into the ways AI can significantly enhance Information Governance and eDiscovery processes while addressing current and future challenges associated with AI usage for both.

eDiscovery teams are increasingly used to detect insider threats within corporations. This panel will discuss best practices for using eDiscovery people, processes and technologies to detect and remediate insider threats. The discussion will also cover strategies for insider threat mitigation in the litigation supply chain.

Today’s cellphone has more computer power than all of NASA in the 1960s. More and more of our lives are conducted on mobile devices, blurring the line between personal and professional data sources and adding challenges from preservation all the way to production. Join this panel of experts as they dig in on key considerations surrounding privacy, what courts think about the reasonableness of preservation efforts, collection strategy and how to keep up with discoverable mobile data in the modern era.

As technologies evolve and the legal industry shifts, the career trajectory of the traditional litigator is being redefined. How can lawyers, and non-lawyers alike, position themselves for long-term success and explore opportunities beyond discovery in the modern legal landscape? This panel of experts will offer practical guidance on strategic career planning and examine opportunities in this new frontier.

Dynamic collaboration platforms are the new norm in corporate teamwork, integrating behavioral insights, psychological principles and cutting-edge technology to support collaborative innovation. Join this panel for an in-depth exploration of the realities of these necessary tools for collaborative innovation in today’s modern work environment, with a discussion on forward-thinking strategies to modernize eDiscovery practices. Don't miss this opportunity to stay ahead in the rapidly evolving landscape of corporate collaboration.

As GenAI continues to revolutionize various sectors, application in legal document review presents unique opportunities. The legal industry is shifting the conversation from theoretical discussions to practical challenges and solutions encountered in the implementation of GenAI-driven technologies. This panel will examine defensibility considerations by focusing on workflow changes necessitated by the integration of GenAI in the discovery process, validation techniques needed to confirm results meet industry standards and disclosure requirements. Join this panel to gain actionable insights to better evaluate how effective and efficient GenAI models can be in defensibly reducing the burden of document review.

In today’s digital age, companies are constantly seeking innovative ways to mitigate the risk of cybersecurity incidents. With regulators emphasizing data minimization and retention practices as key aspects of data protection and privacy compliance, one of the biggest challenges is how to quickly and defensibly identify and dispose of high-risk data. This session will provide in-house counsel with actionable steps to drive the disposition of large volumes of data within the next calendar year, so you can get the biggest bang for your buck. Data disposition is not just a legal issue, it requires collaboration across IT, Information Security, HR and business units. Panelists will discuss how to identify information that is no longer necessary for business operations and is not subject to retention or preservation requirements. Key topics include implementing an email retention policy, exploring avenues for deleting legacy and obsolete data, leveraging metadata to identify old and no longer useful data and techniques to reduce cloud storage costs as part of cloud migration projects. Come hear recent success stories that demonstrate yes, there are ways you can show real and tangible results that reduce costs and enterprise risk in just one year!

It’s no secret that there are numerous contentious issues in discovery. Whether it’s developing reasonable processes for identifying and preserving mobile device communications, determining if the use of GenAI in document review will lower discovery costs, managing the production of information and data relating to AI digital assistants, addressing the preservation and production of data from inter-related data in collaborative platforms, or assigning responsibility for ensuring structured data is produced in a format that is admissible as evidence, our panel of experts is on the case! These sleuths have investigated the issues and are ready to present their evidence to you. Don’t miss your chance to weigh in on these eDiscovery conundrums in this debate-style session, which also promises to be highly entertaining.

Legal requests often use formal language, while the documents being searched, like emails and messages, use more casual or indirect terms. For example, someone committing fraud is unlikely to say so directly. This mismatch makes finding relevant documents hard. In this session, learn how Large Language Models can help bridge the gap by turning written requests and sample documents into better, more effective prompts for discovery.

GDPR, CCPA, LGPD, DPDPA! It’s like alphabet soup when considering various global data privacy laws. To further complicate matters, a complex patchwork of sector-specific and medium-specific laws have emerged over recent years. Organizations must be aware of all relevant privacy laws, which vary depending on the industries and jurisdictions in which they operate. Join this session to learn how to effectively implement and manage a data privacy program, including a discussion of the secure and compliant use of tools and applications that help to safeguard your organization’s data and customer’s potentially sensitive information.

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