- videocam Live Webinar with Live Q&A
- calendar_month January 27, 2027 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Litigation
- schedule 90 minutes
Ethical Discovery in High-Stakes Mass Torts: AI, Collaboration Platforms, and Other Technologies
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About the Course
Introduction
This CLE will discuss recent developments concerning a lawyer's duties of competence, candor, maintaining confidence, client communications, misconduct, and other rules of professional responsibility relevant to discovery in mass tort litigation in an age of AI tools, collaboration platforms, and other technologies. The panel will provide recommendations for practitioners as they plan for ethically sound document preservation, collection, review, production, case management orders, and other phases of a mass tort litigation defense.
Description
As AI tools, collaboration platforms, and other technologies proliferate, the conversation around their use has changed from "whether" they should be used to "how" to use them and "what" policies, training, and supervision are needed. Such technologies are here to stay and offer novel opportunities for workplace efficiency and mass tort litigation preparedness and defense. But with new opportunities comes new potential for ethical pitfalls.
Appropriate AI use by outside counsel and their collaboration with litigation support companies requires special consideration. As clients increasingly deploy their own AI and collaboration platforms, outside counsel must pay close attention to their ethical obligations when collaborating with companies on issues related to internal company document preservation and collection for litigation.
Listen as this seasoned panel of mass tort defense counsel offers insight and practical guidance on these issues at the intersection of ethics, technology, and mass tort litigation.
Presented By
Ms. Barago specializes in the defense of complex serial and mass tort litigation—primarily personal injury litigation involving regulated products. While she has significant experience with all facets of the litigation process, including motions practice, trial preparation, and appellate work, Ms. Barago co-manages the firm’s corporate discovery team for a large, multi-jurisdiction products liability litigation and directs corporate discovery strategy and response. In the corporate discovery arena, she contributes to discovery coordination across litigations in Australia, Canada, and other countries. Ms. Barago advises on corporate discovery strategy, directs responses to all written discovery, assists with corporate witness deposition preparation, and works with co-defendants and co-counsel. She also advises clients on matters including confidentiality and privilege issues.
Mr. Sullivan is a seasoned litigator with broad pretrial, trial, and appellate experience, he has worked on matters in many of the firm’s core practice areas. Mr. Sullivan is a member of the firm’s Complex Litigation, Engineering & Construction, Discovery, Environmental, Pharmaceutical & Medical Device, and Products Liability & Toxic Torts practices. As a leader of the firm’s Discovery Counsel Services and eDiscovery practice, he has guided clients through corporate discovery in some of the most complex federal and state court litigations. Mr. Sullivan is known for his passion for learning clients’ business, his foresight, strategic advice, work ethic, and his ability to find new ways to advance clients’ interests. Due to his nationally recognized expertise in the field since 2016, he has been selected as a speaker, eDiscovery coach, and panelist for numerous national conferences and programs, such as Georgetown Law’s Advanced eDiscovery Institute and eDiscovery Training Academy.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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Live Online
On Demand
Date + Time
- event
Wednesday, January 27, 2027
- schedule
1:00 PM ET/10:00 AM PT
I. Unique aspects and sources of ESI in mass tort litigation
II. Discovery technologies at counsel's disposal
III. Lawyer's ethical duties
A. Competence
B. Candor
C. Avoiding misconduct
D. Supervision
E. Diligence
F. Confidentiality
G. Client communications
IV. Tasks
A. Procedural orders governing confidentiality, privilege and logging, and ESI protocols
B. Document preservation
C. Collection
D. Review
E. Production
V. Working with litigation support companies
VI. Recommendations for ethical compliance
The panel will review these and other key issues:
- What does it mean to be "competent" with respect to AI and other collaboration tools?
- What makes the ethics of document preservation, collection, review, and production different in mass tort litigation?
- How have evolving technologies impacted ethical discovery practice in mass tort litigation?
- Who is responsible for a client's missteps with AI in the course of defending mass tort cases, and what are the consequences?
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