Preserving Generative AI Prompts and Outputs: Legal and Practical Considerations

Meredith Perlman | Hilgers Graben PLLC

Meredith Perlman is an attorney in Hilgers Graben’s Edge discovery practice. She has experience across multiple review platforms, with a focus on complex discovery issues, including the electronic discovery process. Meredith has represented clients across a range of industries including financial services in connection with regulatory investigations, commercial, anti-trust, pharmaceutical, and product liability litigation. She is trusted by her clients due to her ability to continuously innovate and drive efficiency to best serve their needs.

Meredith is experienced in all stages of case review and preparation using analytics and active learning to achieve the most efficient and best results for clients. She holds a Relativity Review Management Specialist Certification, Relativity Analytics Specialist Certification, Relativity Generative AI Pro Certification and Brainspace Specialist Certification.

Before starting in private practice, Meredith attended Tulane University School of Law, where she was on the Jessup International Moot Court team and she continues to volunteer with the organization.

Meredith maintains her national practice from St. Louis, Missouri, where she lives with her husband, Ben, and her daughters, Daisy and Stella.

Sarah Resczenko | Hilgers Graben PLLC

Sarah Resczenko brings a dynamic blend of expertise in eDiscovery, transactional law, and data security compliance, with a focus on helping clients navigate issues at the intersection of privacy, intellectual property, and cyber security. As Senior Counsel at Hilgers Graben, Sarah offers strategic legal guidance on leveraging technology for efficiency in electronic discovery, while also advising clients on the legal complexities of emerging technologies, including generative AI (Gen AI).

With a deep understanding of eDiscovery, Sarah develops tailored solutions that optimize workflows, enhance compliance, and reduce costs in complex litigation and diligence matters. Her transactional experience focuses on negotiating and structuring technology agreements, including software, hardware, maintenance, support, and hosting, with particular attention to issues of intellectual property, data privacy, and security, ensuring favorable outcomes for clients in high-stakes technology sourcing and licensing deals.

In addition to these areas, Sarah is a trusted advisor on compliance matters related to emerging technologies, including the development of policies for the ethical and legal use of Gen AI systems. She assists clients in navigating the regulatory landscape surrounding AI, ensuring that their operations remain compliant with evolving regulations and industry best practices.

Sarah is committed to helping clients capitalize on the potential of technology while managing legal and compliance risks, offering forward-thinking advice that aligns with both legal requirements and business objectives.

Daniel B. Garrie | Law & Forensics

Daniel Garrie is the Founder and Managing Partner of Law & Forensics LLC, a specialized legal engineering firm with a focus on cybersecurity, digital forensics, and e-discovery. Since co-founding Law & Forensics LLC in 2008, Daniel has made it into a leading boutique cybersecurity, cryptocurrency, blockchain, and forensic engineering firm. Additionally, Daniel has successfully built and sold several technology start-ups companies.

As a licensed attorney with a Bachelor’s and master’s in computer science, Daniel has been a dominant voice in computer forensics, cybersecurity, and e-discovery for over 20 years. Daniel has testified as a computer forensic, cybersecurity, and e-discovery expert witness and served as a discovery referee, forensic neutral, mediator, and special master at JAMS (https://www.jamsadr.com/garrie/) in hundreds of State and Federal Courts, administrative proceedings, and arbitrations. His ability to conduct meticulous investigations and articulate complex technical findings in a manner comprehensible to legal professionals and juries alike has made him an invaluable asset in litigation.

Currently, Daniel is the Chief Information Security Officer (CISO) at Zeichner Ellman & Krause LLP, demonstrating his prowess in real-world security operations. Daniel has served as a consultant for multiple companies, where he spearheaded efforts to fortify security infrastructures, mitigating risks, and cyber incident response. He has authored and implemented security policies and procedures adhering to industry practices and regulatory mandates.

In the realm of academia, Daniel serves as Adjunct Faculty at Harvard University and has previously taught at Rutgers School of Law, Cardozo Law School, and U. Conn. Law School. Daniel has authored multiple books and articles and is regularly invited to speak at conferences and forums worldwide on topics ranging the intersection of law, technology, and business. He has presented over 300 seminars to thousands of lawyers, judges, and students across the globe, training federal and state court judges, CISOs, general counsels, and executives on various technical, business, and legal issues relating to cybersecurity and cyber warfare.

Session I – From Prompts to Preservation: Generative AI in Discovery | 1:00pm – 2:00pm

• What are GenAI prompts and outputs?
• Possession, custody, and control
• Understanding preservation with third party platforms

Break | 2:00pm – 3:00pm

Session II – Legal Holds and Litigation Risks in the Age of Generative AI | 2:10pm – 3:10pm

• When prompts and outputs qualify as ESI and how courts may view them
• Drafting legal holds that explicitly capture generative AI artifacts
• Practical challenges for collection, review, and production
• Updating information governance and retention policies for defensibility