Program Details
2025-09-10 13:00:00
Over 1,000+ webinars
Course Overview
2025-09-10 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 1:25 pm ESTThis 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
Andrea L. D’Ambra
Patricia E. Antezana 1:25 pm - 1:50 pm ESTThis 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. BlanchardAndrea L. D’AmbraPatricia E. Antezana 1:50 pm - 2:00 pm ESTThis 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. BlanchardAndrea L. D’AmbraPatricia E. Antezana 2:10 pm - 2:40 pm ESTThis 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. BlanchardAndrea L. D’AmbraPatricia E. Antezana 2:40 pm - 3:10 pm ESTThis 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. BlanchardAndrea L. D’AmbraPatricia E. AntezanaEllen Blanchard is a partner in the Information Governance, Privacy and Cybersecurity group of Norton Rose Fulbright, based in Dallas. She has extensive experience working with companies managing and protecting the data critical to their business, including information governance policies and procedures, data minimization and storage, cybersecurity, privacy, and all phases of discovery and the EDRM model. She has represented clients across a variety of industries in complex commercial litigation, cybersecurity incidents, and government investigations — including Second Requests — involving securities, antitrust, healthcare, cybersecurity, telecommunications, and intellectual property issues. She also advises clients on information governance matters such as defensible disposition, AI Acceptable Use policies, and record retention. Drawing on her understanding of the interconnections between law and technology, she works with clients across the full EDRM continuum from records management to trial, providing strategic advice that balances risk management with practical business guidance, particularly in information governance and artificial intelligence. A frequent speaker at conferences and on podcasts, she enjoys sharing, in her words, war stories of life in the discovery trenches.
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.
Ellen Blanchard is a partner in the Information Governance, Privacy and Cybersecurity group of Norton Rose Fulbright, based in Dallas. She has extensive experience working with companies managing and protecting the data critical to their business, including information governance policies and procedures, data minimization and storage, cybersecurity, privacy, and all phases of discovery and the EDRM model. She has represented clients across a variety of industries in complex commercial litigation, cybersecurity incidents, and government investigations — including Second Requests — involving securities, antitrust, healthcare, cybersecurity, telecommunications, and intellectual property issues. She also advises clients on information governance matters such as defensible disposition, AI Acceptable Use policies, and record retention. Drawing on her understanding of the interconnections between law and technology, she works with clients across the full EDRM continuum from records management to trial, providing strategic advice that balances risk management with practical business guidance, particularly in information governance and artificial intelligence. A frequent speaker at conferences and on podcasts, she enjoys sharing, in her words, war stories of life in the discovery trenches.
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.
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
