AI-Generated ESI in Litigation: Preservation, Legal Holds, Privilege, and Discoverability

This CLE webinar will guide counsel on the growing challenges around preservation, legal holds, privilege, and discovery of AI-generated content and related electronically stored information (ESI).  Our panel will discuss how GenAI tools create new ESI categories, including prompts, outputs, chat histories, logs, metadata, system-generated artifacts, and vendor-controlled data.

These new ESI increasingly impact litigation as organizations rapidly adopt generative AI tools. Counsel must confront new questions of data governance: What AI-related data exists? Where does it exist? Who controls it? How long is it retained? Can or should it be preserved? Additional complexity arises with ESI stored externally in collaboration platforms or third-party vendor environments. AI-constructed ESI data could also be temporary; it may be overwritten or automatically deleted by the system, or even remain inaccessible without a vendor's cooperation. Counsel may face significant control and preservation challenges. 

The panel will examine the privilege and work-product issues created when employees wield AI to draft, summarize, analyze, or otherwise investigate legal issues. Prompts and outputs could expose legal strategy, mental impressions, confidential facts, or attorney-client communications. Even more alarming, AI use may raise serious concerns around waiver, disclosure, confidentiality, and defensibility. 

Listen as our panel discusses identifying and preserving AI-generated ESI, related legal hold and retention procedures, team coordination, assessing privilege and work-product risks, and preparing for discovery.