Preserving Generative AI Prompts and Outputs: Legal and Practical Considerations

Meredith Perlman
Sarah Resczenko
Daniel B. Garrie
Jennifer Deutsch
Meredith Perlman | Hilgers Graben PLLC
Sarah Resczenko | Hilgers Graben PLLC
Daniel B. Garrie | Law & Forensics
Jennifer Deutsch | Law & Forensics
On-Demand: November 4, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - From Prompts to Preservation: Generative AI in Discovery - Meredith Perlman and Sarah Resczenko

As generative artificial intelligence tools like ChatGPT rapidly reshape the business and legal landscape, litigators must prepare for the inevitable impact on federal civil discovery. This session explores how courts and practitioners should approach preservation and production obligations when AI-generated content and prompts become relevant electronically stored information (ESI). We will discuss the unique challenges of identifying, retaining, and producing AI-driven outputs, and consider how corporate policies and legal strategies can anticipate and manage these evolving risks. Attendees will gain practical insights into balancing innovation with compliance, ensuring fairness, transparency, and defensibility in the age of AI-powered litigation.

Key topics to be discussed:

  • What are GenAI prompts and outputs?
  • Possession, custody, and control
  • Understanding preservation with third party platforms

Session II - Legal Holds and Litigation Risks in the Age of Generative AI – Daniel B. Garrie and Jennifer Deutsch

This session will explore the evolving role of generative AI in litigation and compliance, focusing on when prompts and outputs may qualify as electronically stored information (ESI) and how courts are likely to interpret them. We will cover best practices for drafting legal holds that explicitly address AI-generated content, examine the practical challenges of collecting, reviewing, and producing such materials, and discuss how organizations can update information governance and retention policies to ensure defensibility in discovery.

Key topics to be discussed:

  • When prompts and outputs qualify as ESI and how courts may view them
  • Drafting legal holds that explicitly capture generative AI artifacts
  • Practical challenges for collection, review, and production
  • Updating information governance and retention policies for defensibility

Closed-captioning available

Speakers

Meredith Perlman | Hilgers Graben PLLC

Meredith Perlman is an attorney in Hilgers Graben’s Edge discovery practice. She has experience across multiple review platforms, with a focus on complex discovery issues, including the electronic discovery process. Meredith has represented clients across a range of industries including financial services in connection with regulatory investigations, commercial, anti-trust, pharmaceutical, and product liability litigation. She is trusted by her clients due to her ability to continuously innovate and drive efficiency to best serve their needs.

Meredith is experienced in all stages of case review and preparation using analytics and active learning to achieve the most efficient and best results for clients. She holds a Relativity Review Management Specialist Certification, Relativity Analytics Specialist Certification, Relativity Generative AI Pro Certification and Brainspace Specialist Certification.

Before starting in private practice, Meredith attended Tulane University School of Law, where she was on the Jessup International Moot Court team and she continues to volunteer with the organization.

Meredith maintains her national practice from St. Louis, Missouri, where she lives with her husband, Ben, and her daughters, Daisy and Stella.

 

Sarah Resczenko | Hilgers Graben PLLC

Sarah Resczenko brings a dynamic blend of expertise in eDiscovery, transactional law, and data security compliance, with a focus on helping clients navigate issues at the intersection of privacy, intellectual property, and cyber security. As Senior Counsel at Hilgers Graben, Sarah offers strategic legal guidance on leveraging technology for efficiency in electronic discovery, while also advising clients on the legal complexities of emerging technologies, including generative AI (Gen AI).

With a deep understanding of eDiscovery, Sarah develops tailored solutions that optimize workflows, enhance compliance, and reduce costs in complex litigation and diligence matters. Her transactional experience focuses on negotiating and structuring technology agreements, including software, hardware, maintenance, support, and hosting, with particular attention to issues of intellectual property, data privacy, and security, ensuring favorable outcomes for clients in high-stakes technology sourcing and licensing deals.

In addition to these areas, Sarah is a trusted advisor on compliance matters related to emerging technologies, including the development of policies for the ethical and legal use of Gen AI systems. She assists clients in navigating the regulatory landscape surrounding AI, ensuring that their operations remain compliant with evolving regulations and industry best practices.

Sarah is committed to helping clients capitalize on the potential of technology while managing legal and compliance risks, offering forward-thinking advice that aligns with both legal requirements and business objectives.

 

Daniel B. Garrie | Law & Forensics

Daniel Garrie is the Founder and Managing Partner of Law & Forensics LLC, a specialized legal engineering firm with a focus on cybersecurity, digital forensics, and e-discovery. Since co-founding Law & Forensics LLC in 2008, Daniel has made it into a leading boutique cybersecurity, cryptocurrency, blockchain, and forensic engineering firm. Additionally, Daniel has successfully built and sold several technology start-ups companies.

As a licensed attorney with a Bachelor’s and master’s in computer science, Daniel has been a dominant voice in computer forensics, cybersecurity, and e-discovery for over 20 years. Daniel has testified as a computer forensic, cybersecurity, and e-discovery expert witness and served as a discovery referee, forensic neutral, mediator, and special master at JAMS (https://www.jamsadr.com/garrie/) in hundreds of State and Federal Courts, administrative proceedings, and arbitrations. His ability to conduct meticulous investigations and articulate complex technical findings in a manner comprehensible to legal professionals and juries alike has made him an invaluable asset in litigation.

Currently, Daniel is the Chief Information Security Officer (CISO) at Zeichner Ellman & Krause LLP, demonstrating his prowess in real-world security operations. Daniel has served as a consultant for multiple companies, where he spearheaded efforts to fortify security infrastructures, mitigating risks, and cyber incident response. He has authored and implemented security policies and procedures adhering to industry practices and regulatory mandates.

In the realm of academia, Daniel serves as Adjunct Faculty at Harvard University and has previously taught at Rutgers School of Law, Cardozo Law School, and U. Conn. Law School. Daniel has authored multiple books and articles and is regularly invited to speak at conferences and forums worldwide on topics ranging the intersection of law, technology, and business. He has presented over 300 seminars to thousands of lawyers, judges, and students across the globe, training federal and state court judges, CISOs, general counsels, and executives on various technical, business, and legal issues relating to cybersecurity and cyber warfare.

 

Jennifer Deutsch | Law & Forensics

As Associate General Counsel and Director of Privacy Services at Law & Forensics LLC, Jennifer advises multinational corporations, law firms, and government entities on data privacy, cybersecurity, and regulatory compliance. In her role, Jennifer leads comprehensive cybersecurity and privacy audits and develops enterprise-wide governance frameworks designed to align business operations with international, federal, and state regulations. In addition, Jennifer serves as a trusted consultant and expert in litigation involving digital forensics, eDiscovery, and data governance. Her practical yet forward-looking approach has made her a trusted advisor to executives, boards, and legal professionals seeking to integrate compliance, innovation, and defensible data strategy.

An active educator and thought leader, Jennifer serves as a Teaching Assistant in Harvard University’s course “Fundamentals of Law and Cybersecurity” and as a faculty member at the Global Cyber Institute and the Legal Cyber Academy. She has spoken as a panelist and authored numerous articles on topics including AI governance, cybersecurity regulation, data privacy, and digital forensics. Jennifer holds a Juris Doctor from the University of Miami School of Law, a Bachelor of Science in Political Science and International Affairs from Florida State University and maintains IAPP CIPP/US and CIPP/E certifications.

Agenda

Session I – From Prompts to Preservation: Generative AI in Discovery | 12:00pm – 1:00pm

  • What are GenAI prompts and outputs?
  • Possession, custody, and control
  • Understanding preservation with third party platforms

Break | 1:00pm – 1:10pm

Session II – Legal Holds and Litigation Risks in the Age of Generative AI | 1:10pm – 2:10pm

  • When prompts and outputs qualify as ESI and how courts may view them
  • Drafting legal holds that explicitly capture generative AI artifacts
  • Practical challenges for collection, review, and production
  • Updating information governance and retention policies for defensibility

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

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2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

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2 General

Colorado

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2 General

Connecticut

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2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Pending CLE Approval
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Pending CLE Approval
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Pending CLE Approval
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law & Legal

Wisconsin

Approved for Self-Study Credits
2 Law Practice Management

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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