AI-Generated ESI in Litigation: Preservation, Legal Holds, Privilege, and Discoverability

Ms. Riccio has a diverse practice assisting clients in various intellectual property litigation matters. She has substantial experience litigating patent, trademark, and copyright infringement disputes as well as unfair competition and trade secret matters. Ms. Riccio has also handled a wide range of complex commercial litigation and appellate matters. Ms. Riccio litigates intellectual property disputes before district courts throughout the United States, as well as before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office and the United States Copyright Office. She also advises clients on the identification, protection, and enforcement of intellectual property rights and has expansive experience in drafting and negotiating intellectual property license agreements, assignments, and non-disclosure agreements.

Ms. Dulmage serves as discovery counsel in high‑stakes commercial litigation and multidistrict proceedings. She partners with case teams and clients to navigate discovery issues, drawing on deep experience in drafting and negotiating discovery orders, as well and negotiating and briefing discovery disputes. Ms. Dulmage routinely leads and participates in meet and confer sessions with requesting and producing parties to resolve scope, format, and burden disputes and to memorialize pragmatic, defensible discovery plans. She leverages her combined litigation and technology background to implement best practices, streamline workflows, and drive defensible outcomes. Ms. Dulmage advises on all phases of the EDRM life cycle—from preservation and collections through review and production, employing AI, technology‑assisted review (TAR), and Relativity analytics to accelerate relevance and privilege determinations, and reduce cost. She also counsels on privilege and confidentiality strategies, including categorical and traditional privilege logs, and routinely implements protections under Federal Rule of Evidence 502(d).

Judge Peck served for 23 years (from February 1995 until his retirement in February 2018) as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience. Judge Peck advises on copyright and trademark matters and also serves as a resource for the firm and its clients on litigation strategy and discovery issues, from a Judge's perspective. He frequently speaks at conferences concerning eDiscovery issues. Judge Peck serves as an arbitrator, mediator, and Special Master. In addition to serving directly through DLA Piper, he is on the arbitration and mediation rosters of the American Arbitration Association (AAA), Federal Arbitration, Inc., and National Arbitration & Mediation (NAM). Judge Peck is ranked in Band 1 by Chambers and Partners in their 2026 Chambers USA and 2026 Chambers Global guide in USA Nationwide E-Discovery & Information Governance. He serves as a permanent member on the Steering Committee of the prestigious Sedona Conference Working Group 1 (discovery) as Judicial member emeritus.

Mr. Sanko is the office managing shareholder of Baker Donelson's Chattanooga office and the Firm's eDiscovery officer. He is an experienced commercial trial lawyer with substantial experience in high-stakes, complex commercial litigation. Mr. Sanko has extensive experience litigating employee mobility issues, including labor antitrust litigation, trade-secret disputes, and non-competition covenants. This includes defending a client in two large multidistrict antitrust class actions alleging wage and compensation fixing of thousands of employees. In trade secret misappropriation cases, Mr. Sanko navigates among forensic specialists, in-house IT, and client legal teams to identify key evidence and build (or defend against) a trade secret claim. He also handles contract litigation disputes (particularly those involving technology), minority-shareholder rights cases, condemnation, and other commercial matters.