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2025-09-10 13:00:00

2 Credits

Strategies for protecting privileged information through clawback agreements, Rule 502(d) orders, and managing AI-related waiver risks in litigation.

2025-09-10 13:00:00

Strategies for protecting privileged information through clawback agreements, Rule 502(d) orders, and managing AI-related waiver risks in litigation.

2025-09-10 13:00:00

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

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Access to live webinars & recordings

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn strategies for safeguarding privileged information including clawback agreements, Rule 502(d) orders, the Kovel doctrine, common interest privilege, and AI-related privilege challenges.

What will you gain

Attorneys will gain practical tools to protect against privilege waivers in digital communications and understand how to address AI use in discovery contexts.

Clawback Tools
Rule 502(d) orders and clawback agreements protect against privilege waivers from inadvertent disclosures.
Kovel Doctrine
Third-party advisors may preserve privilege when translating or interpreting information for attorneys.
Common Interest
Parties sharing a common legal interest and strategy may prevent waiver of privilege.
Functional Equivalent
Consultants acting as de facto employees may not destroy attorney-client privilege protections.
AI Risks
AI prompts contain attorney mental impressions and may be discoverable as work product.
AI Governance
Organizations should implement AI use policies specifying what information employees can use in prompts.

What will you learn

Attorneys will learn strategies for safeguarding privileged information including clawback agreements, Rule 502(d) orders, the Kovel doctrine, common interest privilege, and AI-related privilege challenges.

What will you gain

Attorneys will gain practical tools to protect against privilege waivers in digital communications and understand how to address AI use in discovery contexts.

Agenda

Session 1

Clawback Agreements and Rule 502(d) Waiver Protections

Session 2

Kovel Doctrine and Third-Party Consultant Privilege Issues

Session 3

Common Interest and Functional Equivalent Doctrine Applications

Session 4

Technical and Policy Protections for AI Tools

Session 5

AI Prompts and Privilege in Discovery Contexts

clock 1:00 pm - 1:25 pm EST

Clawback Agreements and Rule 502(d) Waiver Protections

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

This session explores how modern digital communications create privilege waiver risks and examines protective tools including clawback agreements and Rule 502(d) orders. Attendees will learn practical strategies for drafting effective non-waiver provisions and ESI protocols to safeguard privileged information during discovery.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

clock 1:25 pm - 1:50 pm EST

Kovel Doctrine and Third-Party Consultant Privilege Issues

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

This session examines when communications with third-party consultants, accountants, and advisors remain protected under the Kovel doctrine’s interpreter exception. Participants will analyze recent case law including GMO Game Center to understand the factors courts consider when evaluating these privilege claims.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

clock 1:50 pm - 2:00 pm EST

Common Interest and Functional Equivalent Doctrine Applications

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

This session addresses how parties’ conduct and relationships determine whether the common interest privilege or functional equivalent doctrine prevents waiver. Through analysis of recent decisions, attendees will learn evidentiary requirements for establishing these exceptions and common pitfalls to avoid.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

clock 2:10 pm - 2:40 pm EST

Technical and Policy Protections for AI Tools

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

This session covers practical approaches to protecting privileged information when implementing AI tools, including technical safeguards, tool selection criteria, and organizational use guidelines. Attendees will learn strategies for ring-fencing confidential data, training employees, and addressing AI use in ESI orders and confidentiality agreements.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

clock 2:40 pm - 3:10 pm EST

AI Prompts and Privilege in Discovery Contexts

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

This session examines emerging privilege considerations surrounding AI prompts and outputs in litigation discovery, including work product protection for attorney mental impressions embedded in prompts. Participants will explore how courts are addressing AI use, validation requirements, and the future evolution of privilege doctrine in AI-assisted legal practice.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

01 05
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Ellen Blanchard is Senior Counsel in the Global Cybersecurity and Privacy group, working with companies managing and protecting critical business data including information governance policies, data minimization, cybersecurity, privacy, and all phases of discovery and the EDRM model.

Recognition & Leadership

A recognized thought leader in the industry, Ellen regularly speaks on panels and participates in Podcasts on the latest topics in the industry including data minimization, 2nd Requests, and Artificial Intelligence.

Experience

Ellen has represented clients from various industries in complex commercial litigation and government investigations, including Second Requests, involving securities, antitrust, healthcare, cybersecurity, telecommunications, and IP issues. Prior to joining Norton Rose Fulbright, she served as Director of Discovery and Information Governance at an international telecommunication company where she developed strategic vision for discovery and led a team managing electronic and document discovery for active litigation matters including mergers, government investigations, cyber investigations, and class actions. She successfully managed the team responding to regulatory requests stemming from the T-Mobile Sprint merger approval. Prior to T-Mobile, Ellen was a litigator at Boies, Schiller & Flexner and Associate GC and Director, eDiscovery Consulting at Evolver Legal Services.

Ellen P. Blanchard

Norton Rose Fulbright US LLP

Ellen Blanchard is Senior Counsel in the Global Cybersecurity and Privacy group, working with companies managing and protecting critical business data including information governance policies, data minimization, cybersecurity, privacy, and all phases of discovery and the EDRM model.

Recognition & Leadership

A recognized thought leader in the industry, Ellen regularly speaks on panels and participates in Podcasts on the latest topics in the industry including data minimization, 2nd Requests, and Artificial Intelligence.

Experience

Ellen has represented clients from various industries in complex commercial litigation and government investigations, including Second Requests, involving securities, antitrust, healthcare, cybersecurity, telecommunications, and IP issues. Prior to joining Norton Rose Fulbright, she served as Director of Discovery and Information Governance at an international telecommunication company where she developed strategic vision for discovery and led a team managing electronic and document discovery for active litigation matters including mergers, government investigations, cyber investigations, and class actions. She successfully managed the team responding to regulatory requests stemming from the T-Mobile Sprint merger approval. Prior to T-Mobile, Ellen was a litigator at Boies, Schiller & Flexner and Associate GC and Director, eDiscovery Consulting at Evolver Legal Services.

Andrea L. D’Ambra

Norton Rose Fulbright US LLP

Patricia E. Antezana

Reed Smith LLP

Patricia focuses on managing e-discovery with a background in general litigation, including commercial matters, business torts and product liability defense, bringing extensive experience resolving a wide range of discovery issues.

Recognition & Leadership

Patricia has written and spoken extensively on various discovery topics.

Experience

She advises clients regarding concerns that arise prior to litigation, including legal holds and preservation, and throughout litigation, including early case assessment, ESI protocols, collections, review, privilege issues, and productions. Patricia has been involved with all phases of litigation, including management of large-scale discovery, dispositive motions, trial preparation and alternative dispute resolution. She has coordinated electronic and hard copy record collection and managed large-scale review projects in numerous complex litigation matters, working closely with case teams to prepare comprehensive and defensible collection and review strategies.

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Why Attend

Why this 
program matters

Mastering privilege preservation in the digital age—including clawback agreements, Rule 502(d) orders, and AI implications—is critical for attorneys to protect clients from costly waiver disputes and sanctions.
$42B+
Annual U.S. litigation spending on document review alone, accounting for over 80% of total discovery costs.
47%
Of lawyers cite data privacy and security as a major concern when implementing AI-based tools in their practice.
56%
Of in-house counsel believe that using AI tools could compromise attorney-client privilege.
958+
Documented legal cases worldwide where generative AI produced hallucinated citations or content in court filings.

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