The Sedona Conference on AI and the Law, Part 1: AI and Civil Litigation

Date: 
Thursday, April 4, 2024 - 8:30am to Friday, April 5, 2024 - 12:45pm

Location:
Hyatt Regency Reston
1800 Presidents Street
Reston, VA 02190

Please send an email to [email protected] to be placed on the waitlist.

2023 will go down in legal history as “The Year of Artificial Intelligence (AI).” Although AI – in many forms – has been with us for decades, last year it took the legal profession by storm with the introduction of Generative AI, accessible to the public. Gen AI raised many questions about the use of AI in practice, as well as the legal issues implicated by AI itself. Due to high demand and keen interest, The Sedona Conference is organizing two conferences during the first half of 2024 to take stock of the impact AI has had on the law and to “move the law forward” in relation to AI.

Part 1, the first conference, will be held on April 4-5, 2024, and will focus on AI and civil litigation practice, including:

  • Artificial Intelligence: What it is, and what it isn't
  • AI in the practice of law
  • Assessing validity, reliability, and bias of AI
  • Professional responsibility issues raised by AI
  • Privacy and data security challenges presented by AI
  • AI in human resources and employment law
  • Admissibility of AI-generated evidence and challenges to deepfakes
  • Judicial and regulatory responses to AI

These questions and more will be addressed in a 90-minute webinar, moderated by a former United States Magistrate Judge. The panel will include a Federal District Judge, A chief United States Magistrate Judge, and a tech-savvy State Court Judge, who prepared a special 2-minute video to demonstrate an important evidentiary problem, which you are encouraged to view here.

Part 2 will be held on June 20-21, 2024, and will focus on AI and Intellectual Property Law. For more information about that conference, please visit the program page here.

These two conferences will not feature product demonstrations, doomsday scenarios, or glossy predictions about future technology. In the tradition of The Sedona Conference, the faculty will consist of seasoned litigators, data scientists, judges, and others who will lead participatory dialogue on AI, its advantages and drawbacks, its practical application, and its role as a substantive legal issue. Attendance at these conferences will be limited to ensure that all attendees will be able to participate in the dialogue.

Both conferences will be held at the Hyatt Regency in Reston, Virginia, a short distance from Dulles International Airport and accessible by public transit to the Washington, D.C. metropolitan area.

Hotel Reservation Information

We have obtained a very favorable group room rate of $249 per night (plus taxes) for a limited block of rooms on the evenings of April 3-4, 2024. The group rate will be available for three days preceding and three days following the dates of the room block, subject to standard guestroom availability. The hotel is holding the limited block of rooms until March 3, 2024, after which any unsold rooms in the block will be released for sale to the public. After that date, rooms will be subject to availability. Reservation information will be provided in your conference registration confirmation email.

CLE

The Sedona Conference will seek CLE accreditation for this meeting in selected jurisdictions (except Virginia), as dictated by attendance. Sessions on professional responsibility, technical competence, and elimination of bias may also be accredited in selected jurisdictions.

Sponsorship

Law firms, legal service providers, technology companies, and other organizations interested in sponsorship opportunities for either or both conferences can get more information here.

Co-Chairs

Tara S. Emory
Covington & Burling LLP

Chantilly, VA, USA
Maura R. Grossman
University of Waterloo

Waterloo, ON, Canada

Faculty

Hon. Helen C. Adams
U.S. District Court for the Southern District of Iowa

Des Moines, IA, USA
Dr. Aron Jamil Ahmadia
Relativity

Arlington, VA, USA
Brent Arnold
Gowling WLG Canada LLP

Toronto, ON, Canada
Kate Baxter-Kauf
Lockridge Grindal Nauen PLLP

Minneapolis, MN, USA
Cynthia J. Cole
Baker McKenzie

Palo Alto, CA, USA
Christopher Patrick Cullen
DLA Piper (US) LLP

Philadelphia, PA, USA
Kelly Friedman

Toronto, ON, Canada
Hon. Allison Goddard
U.S. District Court, Southern District of California

San Diego, CA, USA
Patrick Hall
George Washington School of Business

Washington, DC USA
Bruce Hedin
Hedin B Consulting

Carmel, CA, USA
Jan Jacobowitz
Legal Ethics Advisor

Miami, FL, USA
Serge D. Jorgensen
Crowe LLP

Sarasota, FL, USA
Michael Kearney
Redgrave LLP

Washington, DC, USA
Prof. Mark Lanterman
Computer Forensic Services

Minneapolis, MN, USA
Owen Masters
Federal Trade Commission

Washington, DC USA
Claudia T. Morgan
Wachtell, Lipton, Rosen & Katz

New York, NY, USA
Niloy Ray
Littler Mendelson P.C.

Minneapolis, MN, USA
Hon. Xavier Rodriguez
U.S. District Court for the Western District of Texas

San Antonio, TX, USA
Hon. Scott Schlegel
Louisiana 5th Circuit Court of Appeal

Gretna, LA, USA
Jeanne Somma
lineal

New York, NY, USA
Lucy Thomson

Alexandria, VA, USA
Hope Todd
DC Bar

Washington, DC, USA
Jonathan M. Wilan
Sidley Austin LLP

Washington, DC, USA
Kenneth J. Withers
The Sedona Conference

Phoenix, AZ, USA

AI and the Law, Part 1 Agenda

Time  Session  Panelists
  Wednesday, April 3, 2024  
5:30pm — 7:30pm Evening Welcome reception  
  Thursday, April 4, 2024  
7:30am — 8:30am Buffet Breakfast & Sign-in  
8:30am — 8:45am Welcome and Announcements Weinlein
8:45am — 10:15am Session 1: Artificial Intelligence and the Law: What AI is, what AI isn't, and how AI will affect the practice of law  
  In an “level-setting” introductory session for Artificial Intelligence novices and sophisticated legal practitioners alike, a panel of experts on AI and the law will explain the science and mathematics behind AI, distinguish the various flavors of AI (including Generative AI), define terms that will be used frequently during this conference, and identify the relevant mixed question of law and technology to be explored in depth in the subsequent sessions. Arnold, Grossman*, Kearney, Schlegel, Thomson
10:15am — 10:30am Morning Break  
10:30am — 11:45am Session 2: Artificial Intelligence in the practice of law  
  We are already using Artificial Intelligence in the practice of law and have been for several years. For example, we use language-translation programs with client documents and communications, we use apps that predict the settlement value of our clients’ cases, based on historical data. We use online research tools that rank the relevance of court decisions to issues we have identified. Spelling and grammar apps constantly polish our draft memoranda and briefs. In recent months, Generative AI has propelled us into a world in which we can converse with an app to perform legal research, select relevant statutory and case law, and draft work product. In this session, the panel will discuss present use cases for AI in the practice of law, identify the types of AI products that are currently available, and prognosticate on what the future may hold. Cullen, Emory*, Goddard, Somma
11:45am — 1:00pm Session 3: Assessing the validity, reliability, and bias of Artificial Intelligence  
  Artificial Intelligence, like any technical tool, requires evaluation to determine whether it works properly, is appropriate for use in particular settings, and complies with developing regulations. Some AI applications have come under legal scrutiny for allegedly incorporating biases in their data and algorithms, producing undesirable, inaccurate, or inconsistent results. The performance of AI applications can be observed and measured, and if addressed properly, these applications can be improved or better managed to avoid liability. A panel of experts will discuss the performance of AI tools used for various business and legal functions, and how we assess their efficacy, to inform ourselves as legal practitioners and to advise clients. Ahmadia, Emory, Hall,Hedin*
1:00pm — 2:15pm Lunch (provided)  
2:15pm  — 3:30pm Session 4: Legal ethics issues raised by Artificial Intelligence  
  The use of Artificial Intelligence by law firms, corporate legal departments, law enforcement, regulatory agencies, and the courts raises a host of ethical concerns, some of which are squarely governed by the Model Rules of Professional Responsibility. Rule 1.1 requires that lawyers understand the technologies they are using or are involved in their cases. Rule 1.5 requires that fees reasonably reflect the work performed by the attorney or firm. Rule 1.6 places a duty of confidentiality when using client data to train or query an AI application. Rules 3.3 and 3.4 require candor to the court and fairness to opposing parties when using AI to develop argument or evidence. Rules 5.1 through 5.3 require supervision of partners, associates, and assistants who may be using AI. Rule 5.5 prohibits the unauthorized practice of law, which may be facilitated by chatbots. A chatbot may even inadvertently establish an attorney-client relationship, in the mind of the client. The dialogue leaders will analyze these rules and situations and make recommendations for using AI ethically in the practice of law. Jacobowitz, Morgan*, Todd
3:30pm — 3:45pm Afternoon Break  
3:45pm — 5:00pm Session 5: Privacy and data security legal compliance challenges presented by Artificial Intelligence  
  Lawyers have an ethical duty to protect their clients’ privacy and confidentiality interests, and they also must comply with laws and regulations applicable to all businesses. Artificial Intelligence is trained on massive datasets which often contain personal and sensitive information while prompts can also contain confidential information. The collection and retention of data gives rise to security and privacy challenges, both by creating a rich target for data thieves and a roadmap for intrusion into systems. Conversely, AI can be effectively utilized to spot privacy and security risks and possible intrusions. This panel will address adversarial attacks, prompt injection, jailbreaking, and other privacy and security risks, and how these risks can be mitigated. Cole, Jorgensen, Lanterman, Wilan*
5:30pm — 7:00pm Reception (Guests Invited)  
  Friday, April 5, 2024  
7:30am — 8:30am Buffet Breakfast & Sign-In  
8:30am — 9:45 Session 6: Artificial Intelligence in human resources and employment law  
  Artificial intelligence is already in active use in the workplace. With that comes several legal issues. When utilized for hiring, firing, performance review, or promotions, there is the possibility that AI may introduce or perpetuate race, gender, age, or disability biases. The data collection and retention needed to train AI applications may implicate employee privacy and data security concerns. This panel will identify the human resource issues, discuss some of the leading court and regulatory agency decisions, and invite dialogue on the road ahead. Adams, Baxter-Kauf, Ray, Withers*
9:45am — 11:00am Session 7: Admissibility of AI-generated evidence and challenges to deepfakes  
  Artificial Intelligence will soon be coming into courts and administrative proceedings as evidence. A key document in a contract case may have been generated by AI. A crucial business decision may have been based on the output of an AI app. A photograph or video may be challenged as a “deep fake.” There may not be a witness qualified to authenticate the output of AI as evidence under traditional evidence rules, or to testify if the evidence is challenged. Judges and juries, faced with the opacity of algorithms and datasets, may be ill-equipped to evaluate the potential weight of the evidence if admitted. The panel will discuss how courts and agencies have addressed these issues to date and whether new rules of evidence or procedure are required. Friedman*, Lanterman, Rodriguez, Thomson
11:00am — 11:15am Morning Break  
11:15am — 12:30pm Session 8: Judicial and regulatory responses to Artificial Intelligence
  Courts, legislatures, and regulatory agencies are grappling with AI and its consequences, from the impact of AI on privacy, consumer protection, securities regulation, and other spheres, to the admissibility of evidence and the accuracy of arguments assembled or generated by AI. A panel of judges and regulators will discuss the issues that concern them most, the approaches they are taking to address those issues, and the trajectory for future court and regulatory guidance in this area. Adams, Goddard, Grossman*, Masters, Rodriguez, Schlegel
12:30pm — 12:45pm Wrap-Up
12:45pm Adjournment and Grab & Go Lunch (provided)  

*Panel Moderator

Date: 
Thursday, April 4, 2024 - 8:30am to Friday, April 5, 2024 - 12:45pm