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Preserving Generative AI Prompts and Outputs: Legal and Practical Considerations

Practical guidance on preserving generative AI prompts and outputs for discovery, including legal hold best practices and litigation risk management.

2025-11-04 14:00:00

Program Details

2025-11-04 14:00:00

Program Details

2025-11-04 14:00:00

Over 1,000+ webinars

2025-11-04 14:00:00

Course Overview

Mastering Generative AI Preservation and Discovery

2025-11-04 14:00:00

Participants will learn to identify, preserve, and manage generative AI content throughout the litigation lifecycle. These skills enable defensible legal holds and compliant discovery responses.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
AI Discovery
Prompts and outputs may qualify as discoverable ESI under FRCP rules.
02
Legal Holds
Traditional legal hold templates must explicitly address AI prompts, outputs, and metadata.
03
Privilege Risks
AI-related work product requires proper documentation to avoid privilege waiver challenges.
04
Vendor Terms
Terms and conditions determine data control, deletion rights, and preservation capabilities.
05
Shadow AI
Unsupervised AI tool usage places data outside organizational possession and control.
06
Policy Updates
Retention and governance policies must be tested to reflect actual AI operations.

Program schedule

clock 12:00 pm - 1:00 pm EST

From Prompts to Preservation: Generative AI in Discovery

This session explores the fundamentals of generative AI prompts and outputs as electronically stored information, examining how traditional concepts of possession, custody, and control apply to AI-generated content. Attendees will learn critical considerations for understanding preservation obligations when working with third-party AI platforms, including vendor terms, model rotation risks, and the importance of data visibility.

Meredith PerlmanMeredith Perlman
Sarah ResczenkoSarah Resczenko
Daniel B. GarrieDaniel B. Garrie
Jennifer DeutschJennifer Deutsch
clock 1:00 pm - 1:10 pm EST

Networking Break Between Legal AI Sessions

A brief intermission allowing participants to reflect on preservation concepts covered in Session I. Attendees can prepare questions and discuss emerging AI discovery challenges with colleagues before the litigation-focused second session begins.

Meredith PerlmanMeredith Perlman
Sarah ResczenkoSarah Resczenko
Daniel B. GarrieDaniel B. Garrie
Jennifer DeutschJennifer Deutsch
clock 1:10 pm - 2:10 pm EST

Legal Holds and Litigation Risks in AI Age

This session addresses when AI prompts, outputs, and metadata qualify as discoverable ESI and provides practical guidance for drafting legal holds that explicitly capture generative AI artifacts. Participants will examine real-world challenges in collection, review, and production while learning strategies for updating information governance and retention policies to ensure defensibility in AI-related litigation.

Meredith PerlmanMeredith Perlman
Sarah ResczenkoSarah Resczenko
Daniel B. GarrieDaniel B. Garrie
Jennifer DeutschJennifer Deutsch
Meredith Perlman

Meredith Perlman

Hilgers Graben PLLC

Sarah Resczenko

Sarah Resczenko

Hilgers Graben PLLC

Daniel B. Garrie

Daniel B. Garrie

Law & Forensics

Jennifer Deutsch

Jennifer Deutsch

Law & Forensics

Meredith Perlman

Meredith Perlman

Hilgers Graben PLLC

Meredith Perlman is an attorney in Hilgers Graben’s Edge discovery practice with experience across multiple review platforms, focusing on complex discovery issues including electronic discovery. She has represented clients across financial services, commercial, anti-trust, pharmaceutical, and product liability litigation.

Education & Credentials

Tulane University School of Law; Relativity Review Management Specialist Certification; Relativity Analytics Specialist Certification; Relativity Generative AI Pro Certification; Brainspace Specialist Certification

Professional Involvement

Volunteer with Jessup International Moot Court organization; former member of Jessup International Moot Court team at Tulane University School of Law

Experience

Experienced in all stages of case review and preparation using analytics and active learning. Has represented clients in regulatory investigations and various litigation matters across multiple industries.
Sarah Resczenko

Sarah Resczenko

Hilgers Graben PLLC

Sarah Resczenko brings expertise in eDiscovery, transactional law, and data security compliance, focusing on helping clients navigate issues at the intersection of privacy, intellectual property, and cybersecurity. She serves as Senior Counsel at Hilgers Graben.

Experience

Develops tailored eDiscovery solutions that optimize workflows, enhance compliance, and reduce costs in complex litigation and diligence matters. Experienced in negotiating and structuring technology agreements including software, hardware, maintenance, support, and hosting. Advises on compliance matters related to emerging technologies including generative AI systems.
Daniel B. Garrie

Daniel B. Garrie

Law & Forensics

Daniel Garrie is the Founder and Managing Partner of Law & Forensics LLC, a specialized legal engineering firm focusing on cybersecurity, digital forensics, and e-discovery. He is a licensed attorney with over 20 years of experience in computer forensics, cybersecurity, and e-discovery.

Education & Credentials

Bachelor's degree in computer science; Master's degree in computer science; Licensed attorney

Recognition & Leadership

Has presented over 300 seminars to thousands of lawyers, judges, and students globally; Authored multiple books and articles; Regularly invited to speak at conferences and forums worldwide

Professional Involvement

Adjunct Faculty at Harvard University; Previously taught at Rutgers School of Law, Cardozo Law School, and U. Conn. Law School; Trains federal and state court judges, CISOs, general counsels, and executives on cybersecurity and cyber warfare

Experience

Co-founded Law & Forensics LLC in 2008; Current Chief Information Security Officer (CISO) at Zeichner Ellman & Krause LLP; Has testified as expert witness and served as discovery referee, forensic neutral, mediator, and special master at JAMS in hundreds of State and Federal Courts, administrative proceedings, and arbitrations; Successfully built and sold several technology start-up companies
Jennifer Deutsch

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.

Education & Credentials

Juris Doctor from the University of Miami School of Law; Bachelor of Science in Political Science and International Affairs from Florida State University; IAPP CIPP/US and CIPP/E certifications

Recognition & Leadership

Has spoken as a panelist and authored numerous articles on AI governance, cybersecurity regulation, data privacy, and digital forensics

Professional Involvement

Teaching Assistant in Harvard University's course 'Fundamentals of Law and Cybersecurity'; Faculty member at the Global Cyber Institute and the Legal Cyber Academy

Experience

Leads comprehensive cybersecurity and privacy audits; Develops enterprise-wide governance frameworks designed to align business operations with international, federal, and state regulations; Serves as consultant and expert in litigation involving digital forensics, eDiscovery, and data governance
Meredith Perlman

Meredith Perlman

Hilgers Graben PLLC

Meredith Perlman is an attorney in Hilgers Graben’s Edge discovery practice with experience across multiple review platforms, focusing on complex discovery issues including electronic discovery. She has represented clients across financial services, commercial, anti-trust, pharmaceutical, and product liability litigation.

Education & Credentials

Tulane University School of Law; Relativity Review Management Specialist Certification; Relativity Analytics Specialist Certification; Relativity Generative AI Pro Certification; Brainspace Specialist Certification

Professional Involvement

Volunteer with Jessup International Moot Court organization; former member of Jessup International Moot Court team at Tulane University School of Law

Experience

Experienced in all stages of case review and preparation using analytics and active learning. Has represented clients in regulatory investigations and various litigation matters across multiple industries.
Sarah Resczenko

Sarah Resczenko

Hilgers Graben PLLC

Sarah Resczenko brings expertise in eDiscovery, transactional law, and data security compliance, focusing on helping clients navigate issues at the intersection of privacy, intellectual property, and cybersecurity. She serves as Senior Counsel at Hilgers Graben.

Experience

Develops tailored eDiscovery solutions that optimize workflows, enhance compliance, and reduce costs in complex litigation and diligence matters. Experienced in negotiating and structuring technology agreements including software, hardware, maintenance, support, and hosting. Advises on compliance matters related to emerging technologies including generative AI systems.
Daniel B. Garrie

Daniel B. Garrie

Law & Forensics

Daniel Garrie is the Founder and Managing Partner of Law & Forensics LLC, a specialized legal engineering firm focusing on cybersecurity, digital forensics, and e-discovery. He is a licensed attorney with over 20 years of experience in computer forensics, cybersecurity, and e-discovery.

Education & Credentials

Bachelor's degree in computer science; Master's degree in computer science; Licensed attorney

Recognition & Leadership

Has presented over 300 seminars to thousands of lawyers, judges, and students globally; Authored multiple books and articles; Regularly invited to speak at conferences and forums worldwide

Professional Involvement

Adjunct Faculty at Harvard University; Previously taught at Rutgers School of Law, Cardozo Law School, and U. Conn. Law School; Trains federal and state court judges, CISOs, general counsels, and executives on cybersecurity and cyber warfare

Experience

Co-founded Law & Forensics LLC in 2008; Current Chief Information Security Officer (CISO) at Zeichner Ellman & Krause LLP; Has testified as expert witness and served as discovery referee, forensic neutral, mediator, and special master at JAMS in hundreds of State and Federal Courts, administrative proceedings, and arbitrations; Successfully built and sold several technology start-up companies
Jennifer Deutsch

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.

Education & Credentials

Juris Doctor from the University of Miami School of Law; Bachelor of Science in Political Science and International Affairs from Florida State University; IAPP CIPP/US and CIPP/E certifications

Recognition & Leadership

Has spoken as a panelist and authored numerous articles on AI governance, cybersecurity regulation, data privacy, and digital forensics

Professional Involvement

Teaching Assistant in Harvard University's course 'Fundamentals of Law and Cybersecurity'; Faculty member at the Global Cyber Institute and the Legal Cyber Academy

Experience

Leads comprehensive cybersecurity and privacy audits; Develops enterprise-wide governance frameworks designed to align business operations with international, federal, and state regulations; Serves as consultant and expert in litigation involving digital forensics, eDiscovery, and data governance

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Approved
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Approved
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Approved
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Approved
California
Approved
Colorado
Pending
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Approved
Delaware
Pending
District of Columbia
No Required
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Approved
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Pending
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Approved
Mississippi
Pending
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Montana
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Pending
Nevada
Pending
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Approved
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Approved
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Pending
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs