Karen Keller to participate on panel on AI at The Sedona Conference Working Group 1 Annual Meeting

Karen Keller will be in New Orleans later this month participating as a dialogue leader on a panel entitled: The Intelligence is Artificial, but the Discovery Request is Real: When GenAI Use Becomes Fair Game. Per the Sedona Conference website, the panel will discuss: "GenAI tools—from public platforms in widespread use to enterprise deployments and emerging agentic systems—are generating an entirely new category of ESI, and litigants are starting to ask for it. Prompts, outputs, training data, and RAG-grounding materials raise novel questions about what counts as discoverable GenAI information, and whether existing Rule 26 and Rule 34 frameworks are equipped to handle data that can be dynamic, ephemeral, and proprietary across platforms. Can the same relevance, proportionality, and possession-custody-or-control principles that have long governed ESI simply be extended to GenAI artifacts, or does this new data type demand its own analytical playbook? This session will address the discoverability of GenAI information, how parties should identify, preserve, collect, and produce the data, the information governance challenges posed by shadow AI use, and unresolved questions of when a requesting party may seek direct access to an opposing party's GenAI tools."

You can register for the conference here: https://www.thesedonaconference.org/WG1_AM26?check_logged_in=1