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Ethical and Legal Considerations for the Deployment of AI in Litigation


Level: Advanced
Runtime: 62 minutes
Recorded Date: January 31, 2024
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Agenda

Discussion topics include:
  • Attorneys’ obligations to understand current advances in AI
  • The potential pitfalls of AI with respect to client confidentiality and attorney-client privilege
  • Best practices for maintaining the integrity of data used in AI systems
  • Ethical obligations when relying on AI for legal work
  • How to minimize risk and ensure compliance with evolving regulations on AI
  • The responsibilities and liabilities when AI is used in the courtrooms


For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

The recent explosion of generative AI has brought with it a complex web of new legal and ethical considerations that lawyers must grapple with. In this session, we will delve into the unique ethical and legal considerations that arise from the use of AI in litigation. We will explore critical areas of concern such as privilege and confidentiality, privacy rights, data security, transparency, algorithmic bias, and liability issues. Our panel of renowned legal tech experts, ethicists, and practicing attorneys will guide participants through real-world scenarios to illustrate these challenges.

This program was recorded as part of Law.com's Legalweek Conference on January 31, 2024.

Provided By

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Panelists

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Karl Harris

CEO
Lex Machina

As CEO, Karl leads strategy and operations at Lex Machina. Lex Machina is the leading Legal Analytics platform and was acquired by LexisNexis in 2015.

Prior to Lex Machina, Karl worked as a Fellow at XSeed Capital Management. He also served as VP of Product Management and VP of Engineering for Flurry, Inc., the provider of the largest mobile analytics and monetization platform, where he was a member of the founding team before its acquisition by Yahoo.

Karl holds a J.D. from Stanford Law School, an M.S. in Computer Sciences from UT Austin, and an A.B. in Computer Science from Dartmouth College. He was named by Analytics Insight Magazine as one of the 10 Most Influential Artificial Intelligence Executives in 2019.

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Chris Chapman

Director, Litigation Support
Dickinson Wright

Chris is the Director of Litigation Support at Dickinson Wright, a leading full service international law firm with 475 attorneys across 40 practice areas and 19 offices. Chris is an attorney and executive with over 25 years of experience in litigation, professional services, eDiscovery, and operations leadership. Chris has founded, overhauled, and led multiple business and service teams within multiple professional services organizations, with a consistent track record of success, growth, and profitability.

Chris has deep expertise relating to the use of AI and data analytics in discovery, having managed hundreds of eDiscovery and AI projects. Chris is an ACEDS Certified eDiscovery Specialist, and is certified in Relativity Analytics, Relativity Review Management, and Brainspace analytics (n/k/a Reveal). He is a member of the State Bar of Texas and ACEDS, and is a frequent speaker and writer on topics relating to eDiscovery, data analytics, and AI.

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Vanessa Barsanti

Partner
Kirkland & Ellis LLP

Vanessa Barsanti is a partner in the Chicago office of Kirkland & Ellis LLP. She has extensive experience in complex commercial litigation, including multidistrict litigations, antitrust, and restructuring.

As the member of multiple winning trial teams, Vanessa’s experience extends to all stages of litigation, from drafting a complaint to post-trial briefing. She also has extensive experience in managing the discovery process for matters of all sizes, including managing collections, reviews and productions, organizing multi-track offensive and defensive written discovery, drafting successful discovery motions, and taking and defending depositions.

Vanessa works with clients to develop practical, efficient, and defensible discovery strategies, including developing and implementing custom technical workflows to support eDiscovery needs. She is well-versed in sophisticated document and data analysis, making her uniquely situated to assist her clients in addressing large-scale discovery issues.

Vanessa maintains an active pro bono practice, representing a wide array of individuals in need.

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Niloy Ray

Shareholder
Littler Mendelson, PC

Niloy Ray litigates critical eDiscovery and electronic evidence issues nationwide, in class/collective actions, trade-secret matters, and all other forms of employment litigation. He counsels clients on proportionately and cost-effectively complying with preservation obligations and data-harvesting needs, develops case strategies aimed at minimizing eDiscovery sideshows, designs complex ESI review/production methodologies using cutting-edge tools such as threading, clustering, multivariate search criteria and AI, and addresses trial issues including the admissibility and authentication of electronic evidence. An active litigator, he regularly handles hearings, depositions and motion practice on matters relating to eDiscovery, and also helps clients set upwith enterprise-wide eDiscovery and information-governance best practices and policies.

Over the past two years, Niloy has provided cross-functional advice to business, product, and HR client teams on the burgeoning use and regulation of artificial intelligence-driven tools and processes. In the AI context, he assists clients in creating and implementing AI development and use policies; in selecting, testing, and deploying AI tools across the employment lifecycle; and in navigating the compliance requirements and litigation risks of new and proposed AI regulations in the U.S. and abroad.

Finally, Niloy regularly advises clients on record-retention requirements and data-minimization objectives within the labor and employment space.

Before joining Littler, Niloy was at another multinational law firm, where his practice focused on commercial litigation in federal and state courts in complex tort, antitrust and contract matters. At that firm, he also regularly represented energy utilities in regulatory proceedings and related litigation, and conducted internal investigations for Fortune 500 and academic clients.

Prior to attending law school, Niloy spent several years coding, designing, and leading the development of supply chain software applications for Retek Inc., now part of Oracle.

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Michelle Six

Of Counsel
Gunster, Yoakley & Stewart, P.A.

Michelle is a nationally recognized litigator focused on electronic discovery law, data privacy, cross-border discovery, and AI technology exploration. She counsels clients on the development and execution of defensible eDiscovery processes in connection with contentious, high-stakes commercial litigation, products liability cases, antitrust matters, and internal and government investigations. Michelle regularly advises multinational corporations on data loss and records retention, as well as challenges and solutions generated by emerging technologies.

Michelle frequently writes and speaks about issues and solutions related to electronic discovery. She was recognized in 2019–2022 by The Legal 500 for Dispute Resolution: E-Discovery and recognized by Chambers Global in 2021–2023 and Chambers USA in 2020–2023 for her work in E-Discovery & Information Governance. Clients have described Michelle as “phenomenal; a truly trusted adviser” and “a true visionary in e-discovery; [who] cuts right to the heart of the matter and finds practical solutions that support overall trial strategy.”


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