AI Disclosures: Wording, Liability & Litigation Risks

Hon. Helen Adams | Southern District of Iowa

Helen C. Adams has served as a U.S. Magistrate Judge for the Southern District of Iowa since February 13, 2014. Judge Adams received her undergraduate degree in Sociology from the University of Iowa in 1985, and her law degree from the University of Iowa in 1988, with high distinction and Order of the Coif. She began her legal career as a law clerk to U.S. District Judge Harold D. Vietor in the Southern District of Iowa from 1988 to 1990.

From 1990 to 2009, she practiced with the firm of Dickinson, Mackaman, Tyler & Hagen, where she served as President of the firm on two occasions. In 2009, she joined the corporate legal department of Pioneer Hi-Bred International (now Corteva) as associate general counsel, an international agricultural company.

Judge Adams teaches a Civil Discourse course at the University of Iowa College of law. She currently serves as the President-Elect of the Federal Magistrate Judges Association.

Ron Hedges | Ronald J. Hedges LLC

Ronald J. Hedges is the Principal of Ronald J. Hedges LLC. He served as a United States Magistrate Judge in the District of New Jersey for over 20 years. Ron speaks and writes on a variety of topics, many of which are related to electronic information, including procedural and substantive criminal law, information governance, litigation management, and integration of new technologies such as artificial intelligence into existing information governance policies and procedures. Among other things, Ron is the chair of the Court Technology Committee of the Judicial Division of the ABA and the co-chair of the NYSBA Committee on Technology and the Legal Profession.

He is the lead author of a guide for federal judges on electronically stored information, https://www.fjc.gov/content/323370/managing-discovery-electronic-information-third-edition-2017. Ron is also the co-senior editor of The Sedona Conference Cooperation Proclamation, Resources for the Judiciary, Third Edition (June 2020) and the 2022 supplement thereto. He is also the editor of various compendiums on electronic information in criminal investigations and proceedings hosted by the Massachusetts Attorney General’s Office, https://www.mass.gov/service-details/understanding-electronic-information-in-criminal-investigations-and-actions. He can be reached at [email protected].

Lelia Parker | Covington & Burling LLP

Lelia advises clients on the full spectrum of discovery issues, including leveraging AI for defensible, efficient workflows. Her work spans data-mapping, TAR, information governance, and compliance with emerging legal and regulatory standards. She has experience advising clients involved in multi-district complex commercial litigation on discovery related issues.

In addition, Lelia serves a discovery facilitator, helping parties streamline processes, reduce costs, and resolve disputes involving complex discovery challenges.

Further, Lelia counsels clients in the pre-litigation and non-litigation settings relating to clean data management, preservation, defensible deletion, and related policies and procedures.

Todd T. Itami | Lex Artificialis LLC

Todd Itami advises leading global companies on the application of machine learning to legal and business tasks, electronic discovery, information governance, and strategic software development. Todd has successfully led e-discovery efforts and resolved legal challenges in cases ranging from small private disputes to some of the largest litigations and investigations in U.S. history.

With a deep understanding of both legal and technical aspects of a case, Todd provides comprehensive guidance to his clients. His expertise ranges from the intricate details of digital forensics, computer hardware, and data preservation, to traditional legal tasks such as negotiations, briefings, depositions, and trials. By combining significant technical experience with the highest levels of legal practice, Todd addresses even the most intractable legal/technical problems.

Todd provides his clients with significant cost savings by implementing artificial intelligence solutions, automating workflows, optimizing systems, and carefully deploying the best software. He also advises on competitive market pricing for e-discovery vendor services, ensuring that his clients receive the highest levels of performance at the lowest possible cost.

In addition to his legal role, Todd is a primary author of bespoke software solutions and a leader in large-scale legaltech software development projects for both his clients and the firm. As a trusted advisor in the software industry, he has played a crucial role in shaping the future of document review tools by integrating cutting-edge large language models into the next generation of software.

Session I – Disclosures, Language, Liability, Billing, and Ethical Obligations | 1:00pm – 2:00pm

• When disclosure of AI usage is required, recommended, or optional
• Scope and timing of disclosures (intake, engagement letters, during representation, or on deliverables)
• AI use by paralegals and staff: Disclosure and supervision obligations
• Essential elements of AI disclosure language
• Sample disclosure templates and customizable clauses
• Malpractice exposure from reliance on AI outputs
• Client-data security and confidentiality risks when using AI platforms
• Billing considerations when AI reduces or transforms attorney time
• Ethical obligations: Competence, supervision, confidentiality, and communication

Break | 2:00pm – 2:10pm

Session II – Litigation, AI Hallucinations, and Risk Management in Practice | 2:10pm – 3:10pm

• Hallucinations: Causes, risks, and prevention strategies
• Verifying AI-generated research, citations, and drafts
• Staff and paralegal supervision in AI-assisted litigation tasks
• Court expectations and emerging case law on AI misuse
• Sanctions risk from inaccurate or fabricated AI-generated content
• Evidentiary considerations when AI-assisted work influences filings
• Workflow best practices to validate and authenticate AI outputs
• Developing litigation-specific AI policies within the firm