With Microsoft 365, Teams, Zoom, and other non-traditional modes of communication now the norm, Columbia partner Jarrett Coco will explore how discovery may look over the next couple of years and the legal ethical rules applicable to using artificial intelligence (“AI”) to detect Personal Health Information (“PHI”) and the AI capabilities available to assist companies.

Coco will be joined by Anne Marie Hanson, regulatory and compliance counselor for Blue Cross Blue Shield of South Carolina, as they discuss

• The growing demand from requesting parties to receive new types of data;
• The burdens associated with collecting, reviewing, and producing;
• Strategies to limit the burden and production;
• The increase in data from mobile devices in litigation/investigations, including text messages, notes, and applications and the rising trend to preserve and collect that data early in matters;
• How artificial intelligence may play a role and what types of AI might be subject to discovery in the coming years;
• PHI Background – Why is protecting PHI important? With the emerging focus on privacy of individuals, states are adopting new regulations with potentially severe penalties associated with non-compliance;
• Legal Ethics Rules Applicable to Using AI – How do the model rules related to competence, communication, confidentiality, and supervision apply to using AI to detect PHI? and
• AI and PHI – How is AI used to identify, de-identify, or normalize PHI in legal matters? The discussion will focus on specific workflows, algorithms, and processes that incorporate AI to assist with identifying and screening/redacting PHI.