NeLI Pod

NeLI Pod

The official podcast of the National eDiscovery Leadership Institute. Here, we bridge the gap between technology and the law, bringing you the forefront of electronic discovery.

  1. NeLI POD Season 2: Ep. 3 with John Benson

    FEB 4

    NeLI POD Season 2: Ep. 3 with John Benson

    Guest Details John Benson, E‑Discovery and Digital Forensics Expert; Founder of SecKC; Formerly with Stinson Morrison Hecker (Kansas City) Episode Overview This episode of The NeLI Pod brings together hosts Daniel Gold and Brandon Mack with Kansas City–based e‑discovery and digital forensics expert John Benson for a deep, practical conversation about AI, confidentiality, and trustworthiness in legal practice. With more than 17 years of experience and a career spanning law firms, cybersecurity communities, and hands‑on technical work, Benson offers a grounded, real‑world perspective on how attorneys can responsibly evaluate and adopt AI tools. Key Takeaways Confidentiality and trustworthiness remain the core tests for legal AI adoption. Benson emphasizes that evaluating AI tools begins with defining the specific risks—especially around cloud storage, training data, and vendor controls.Practical validation matters more than technical theory. Lawyers can safely experiment by testing AI tools on familiar material, checking outputs against known cases or documents, and treating AI as a junior associate whose work must be reviewed.AI drafting becomes dramatically more effective when lawyers use voice, not typing. Dictation allows models to capture a lawyer’s natural cadence and reasoning, producing outputs that align more closely with their authentic writing style. Action Items Define the risk before choosing the tool. Identify whether the concern is confidentiality, cloud storage location, vendor trust, or model behavior—and evaluate tools accordingly.Use enterprise‑grade, first‑party providers for any client data. Avoid consumer apps or third‑party resellers when handling sensitive information.Experiment with your own documents. Validate reliability by testing AI on material you already know well.Adopt dictation for drafting workflows. Speak through your reasoning and let the model learn your voice, then refine the output through iterative prompting. Chapters with Timecodes 00:00 – IntroductionOverview of the episode and introduction of guest John Benson. 00:01:14 – Philosophy of Experimentation in Legal AIBenson discusses balancing healthy experimentation with professional responsibility. 00:03:34 – Security Foundations: Defining the RiskHow to begin evaluating AI tools through a security and confidentiality lens. 00:05:24 – Cloud Storage, Training Data, and Vendor ControlsUnderstanding where data goes—and why cloud fundamentals still matter. 00:09:46 – Trustworthiness, Compliance, and Practical Due DiligenceHow lawyers can assess vendor claims and avoid misleading “checkbox compliance.” 00:12:30 – The DeepSeek Case StudyA real‑world example of why model provenance and hosting location matter. 00:16:23 – Evaluating AI Outputs: Reliability and BiasBenson explains his practical benchmarking approach and the role of task‑specific models. 00:22:36 – Overwhelm in the Legal Market: Where Lawyers Should StartGuidance for attorneys who feel lost in the AI landscape. 00:24:40 – “Get Your Hands Wet”: Safe, Practical ExperimentationWhy lawyers should test AI tools directly using their own materials. 00:25:53 – Dictation as the Future of Legal DraftingHow voice input transforms accuracy, tone, and efficiency. 00:29:56 – When Products Get in the Way of the ModelWhy lawyers should focus on the underlying model rather than the interface. Compelling Quote “Don’t be afraid to get your hands wet. If you get a bad summary, what’s the worst that happens? You learn something—and you go back to reading it the old‑fashioned way.”

    1h 1m
  2. NeLI POD Season 2: Ep. #2 with Judge Kim

    JAN 21

    NeLI POD Season 2: Ep. #2 with Judge Kim

    Guest Details Judge Young KimNorthern District of Illinois, U.S. Federal Court Episode Overview In this episode of The NeLI Pod, hosts Daniel Gold and Brandon Mack sit down with Judge Young Kim to explore how judicial philosophy intersects with the rapidly evolving world of electronic discovery. Judge Kim, the first Asian American appointed to the federal bench in the Seventh Circuit, brings a wealth of experience from his career as a public defender, Assistant U.S. Attorney, and EEOC Administrative Law Judge. The conversation dives into pressing questions about proportionality, reliability, and the role of courts in shaping discovery practices amid technological disruption. From TAR workflows to Gen AI review, Judge Kim offers candid insights into how judges balance fairness, efficiency, and the rule of law when technology outpaces procedure. Key Takeaways Rules as Anchor: Federal Rules of Civil Procedure remain the guiding framework, even as technology advances beyond their original scope.Reliability Over Transparency: Courts defer to producing parties’ review methods, provided they can explain and defend their processes in plain English.Proportionality in Practice: Requests must be supported with specific, concrete examples of burden or benefit; conclusory arguments about metadata or cost are insufficient. Action Items Attorneys should document and explain review processes clearly, using expert testimony when necessary.When raising proportionality objections, provide detailed evidence of burden (e.g., declarations, time studies).Leverage Rule 502(d) protections to streamline privilege review and reduce unnecessary costs. Chapters with Timecodes 00:00 – Introduction and Welcome01:12 – Judge Kim’s Career Path to the Federal Bench02:35 – Courts’ Role in Shaping Discovery Amid Technology Shifts05:09 – Balancing Review Methods and Transparency09:03 – Discovery on Discovery: When Is It Warranted?11:00 – Disputes Over Form of Production and Metadata16:14 – Proportionality and Burden Analysis in Practice19:36 – Rule 502(d) Orders and Privilege Review23:06 – Validating TAR Workflows and Expert Testimony25:39 – Career Lessons Shaping Judicial Philosophy29:29 – Challenges of Authenticating Evidence in the Age of Gen AI32:43 – Looking Ahead: Prompts, AI, and the Future of Discovery Compelling Quote "At the end of the day, this whole litigation process is a truth-seeking process. Sometimes we forget that." –Judge Young Kim

    36 min
  3. NeLI Pod Season 2: Ep. #1 with Robert Keeling

    JAN 7

    NeLI Pod Season 2: Ep. #1 with Robert Keeling

    🎙 Nelly Pod – Episode Show Notes Guest Details Robert Keeling – Partner, Redgrave LLPRobert is a nationally recognized authority on e-discovery, validation, and defensibility. He has led large-scale discovery matters for DOJ and FTC second requests, contributed to the Sedona Conference, and authored influential articles such as Humans Against the Machines and Document Review: You’re Doing It Wrong. Episode Overview In this episode of Nelly Pod, hosts Daniel Gold and Brandon Mack sit down with Robert Keeling to explore one of the most pressing issues in modern legal practice: the intersection of AI, ethics, and discovery. Keeling reflects on his earlier arguments about the enduring value of human judgment and examines how generative AI is reshaping validation, privilege logging, and responsiveness review. The conversation dives into practical frameworks for defensibility, the challenges of authenticating evidence in the age of deepfakes, and the evolving role of specialized discovery counsel. For attorneys, judges, and legal professionals navigating this rapidly changing landscape, Keeling offers both caution and optimism about the future of AI in discovery. Key Takeaways Validation remains essential: Generative AI requires the same statistical validation protocols as TAR, particularly for outward facing uses like responsiveness review.Privilege logging is ready for AI: Keeling argues that generative AI has matured enough to safely generate privilege log entries, though edge cases still require human oversight.Authenticity challenges loom large: Deepfakes and synthetic media pose unprecedented hurdles for evidence authentication, with family law and employment disputes likely to see early impacts. Action Items Differentiate outward-facing vs. internal-facing uses of AI in discovery, applying rigorous validation only where defensibility is required.Document processes proactively and consider sharing protocols with opposing counsel to reduce disputes.Begin testing AI-driven privilege logging workflows, while maintaining human “sanity checks” for complex compilations. Chapters with Timecodes 00:00 – Introduction & Welcome01:13 – Guest Background: Robert Keeling’s Career and Scholarship02:44 – Humans Against the Machines: Revisiting Human Judgment in the Gen AI Era05:27 – Validation & Defensibility: Outward vs. Internal AI Uses10:12 – Prompt Discoverability and Work Product Protection13:12 – Privilege Logging: AI’s Promise and Pitfalls17:34 – Gen AI in Second Requests and Merger Reviews20:10 – TAR 1.0 vs. Continuous Active Learning vs. Gen AI21:37 – Discovery on Discovery: Documenting Processes for Courts and Opposing Counsel23:38 – Evidence Authenticity in the Age of Deepfakes29:11 – Boutique vs. Big Law: The Future of Specialized Discovery Counsel32:36 – The Increasing Complexity of Modern Discovery Compelling Quote “The prompt is clearly work product, and it’s not even a close question. It reflects the thoughts and mental impressions of counsel about the case. To me, it’s classic opinion work product.” – Robert Keeling

    41 min
  4. NeLI Pod #14 with The Honorable William Matthewman

    05/06/2025

    NeLI Pod #14 with The Honorable William Matthewman

    Podcast Show Summary Guest Details The Honorable William Matthewman - United States Magistrate Judge, Southern District of Florida Key Takeaways Evolving Technological Competence: Judge Matthewman emphasized that lawyers must go beyond basic technology knowledge; true ethical practice today requires understanding platforms like Slack, Teams, and the implications of emerging technologies like Generative AI and ephemeral messaging. The Role of the Judiciary in Technology: Judges have an essential responsibility not only to stay updated on e-discovery and ESI (Electronically Stored Information) but also to actively manage cases to ensure fair, efficient, and proportional discovery processes using technology. Generative AI’s Opportunities and Risks: While Gen AI offers exciting new efficiencies, Judge Matthewman warned that it must be properly supervised. Lawyers (and pro se litigants) cannot blindly rely on AI outputs without rigorous verification, as hallucinations and misinformation still pose risks. Action Items Lawyers: Stay updated through CLEs, seminars, and self-study; if technical knowledge is lacking, partner with IT experts or vendors. Judges: Actively educate themselves and help guide lawyers in properly managing e-discovery and technological issues. Organizations: Encourage young lawyers to focus on core legal skills (communication, evaluation, strategy, litigation) while responsibly using AI as an assistant—not a replacement. Pro Se Litigants: Must be cautioned to verify AI-generated legal materials to avoid filing hallucinated or incorrect submissions. Chapters with Timecodes 00:10:11 🎙️ Opening & Guest Introduction: Introduction of Judge Matthewman and his background. 00:11:06 📚 Key Tenets of E-Discovery: Discussing the 10 Tenets from Judge’s Law Review article and their relevance today. 00:13:04📈 Are We Closer to Better E-Discovery?: Status update on the legal community's adherence to better e-discovery practices. 00:14:15 ⚖️ Judges’ Role in Encouraging Tech Adoption: How the judiciary should lead in promoting technological competence. 00:17:59🔥 The Expanding Definition of Competence: Why basic knowledge isn't enough for lawyers anymore. 00:23:03📚 Continuing Legal Education & Lifelong Learning: How lawyers must keep evolving their technology knowledge. 00:24:20🤖 Gen AI's Impact on Law and E-Discovery: Challenges and opportunities Gen AI presents. 00:27:47🕵️ Supervising Gen AI in Legal Work: Why oversight is critical when using Gen AI for document review. 00:30:42👩‍🎓 Young Lawyers and AI: Risks and realities of new lawyers growing up with Gen AI tools. 00:37:17 ⚖️ Equal Access and Pro Se Litigants: Gen AI's double-edged impact on pro se litigants. 00:40:01💡 Building Good Lawyers in a High-Tech Era: Essential skills every young lawyer must develop. 00:44:09 🏛 Judge Matthewman's Legacy Vision: Final thoughts on building a fairer justice system. 00:47:22🎤 Closing: Thanking Judge Matthewman and wrapping up. 🔔 Don’t forget to subscribe to the NeLI Podcast for more expert insights on legal technology, AI, and e-discovery! 🎙 Follow Us: ⁠⁠⁠ LinkedIn⁠⁠⁠⁠⁠⁠ X (Twitter)⁠⁠⁠⁠⁠⁠ Instagram⁠⁠⁠⁠⁠⁠ Facebook

    37 min
  5. NeLI Pod #13 with Kelly Twigger

    04/29/2025

    NeLI Pod #13 with Kelly Twigger

    Guest Details Kelly Twigger - CEO of Minerva26 Kelly Twigger is the creator of the ESI Practical Guides, host of Case of the Week series, frequent panelist and webinar contributor on eDiscovery topics. She is also a practicing attorney and Adjunct Professor teaching eDiscovery at the University of Colorado at Boulder Law School. Key Takeaways Hyperlinked Documents Pose New Challenges: Courts are inconsistent on whether hyperlinked documents should be treated like attachments. Organizations must proactively manage hyperlink data, and counsel must adapt to technical realities. The Role of Legal and IT Collaboration: Organizations that effectively align legal and IT through strong information governance and proactive policy-setting can better control discovery costs and reduce litigation risk. Generative AI Brings Both Promise and Risk: While Gen AI offers potential efficiencies, it also introduces ethical risks—such as hallucinated case law—that lawyers must diligently supervise and verify. Action Items Develop robust ESI protocols that cover hyperlinks from all storage sources, not just platforms like Google Drive.Educate legal teams on managing hyperlinked documents and ephemeral data properly.Implement better communication between Legal, IT, and Records departments to anticipate discovery needs.Train legal professionals and students to balance AI tool usage with maintaining strong traditional legal research skills.Update and enforce policies around data retention, ephemeral messaging, and possession/custody/control of devices. Chapters with Timecodes 00:00:00 🎙 Guest Introduction: Kelly Twigger's background in eDiscovery and education. 00:05:00📎 Challenges with Hyperlinked Documents: Legal and technical issues, and how courts are grappling with them. 00:15:00 🏛 Organizational Technology Choices: Holding companies accountable for ESI management decisions. 00:22:00🔗 Hyperlinks in ESI Protocols: Lessons from recent cases on improperly scoped ESI protocols. 00:30:00 🛠 Information Governance and IT Collaboration: Building bridges between legal and IT for better discovery outcomes. 00:38:00🚀 Generative AI Risks and Ethics: The promise of AI and the ethical pitfalls lawyers must avoid. 00:47:00 🎓 The Role of AI in Legal Education: How law schools and students must adapt to the new tech-driven reality. 00:55:00🔥 Ephemeral Data Challenges: Why disappearing messaging apps create major risks in litigation. 01:05:00🧩 Future Legal Trends: Predicting how AI and data practices will reshape the legal landscape by 2026. Most Compelling and Thought-Provoking Quote "The tools will change, but our obligation to preserve the integrity of the legal process never will." ✅ This perfectly captures the heart of the episode: technology may shift rapidly, but the ethical responsibilities of lawyers remain constant. 🔔 Don’t forget to subscribe to the NeLI Podcast for more expert insights on legal technology, AI, and e-discovery! 🎙 Follow Us: ⁠⁠⁠ LinkedIn⁠⁠⁠⁠⁠⁠ X (Twitter)⁠⁠⁠⁠⁠⁠ Instagram⁠⁠⁠⁠⁠⁠ Facebook

    52 min
  6. NeLI Pod #12 with Hon. Allison H. Goddard

    03/25/2025

    NeLI Pod #12 with Hon. Allison H. Goddard

    Podcast Show Summary Guest Details Judge Allison Goddard – U.S. Magistrate Judge, Southern District of California Judge Goddard brings a wealth of experience from both private practice and the judiciary. She has been at the forefront of eDiscovery, AI in litigation, and proportionality in modern discovery. Recently, she collaborated with the Sedona Conference on AI guidance for the judiciary, making her an invaluable voice on legal tech adoption. Key Takeaways 1️⃣ AI in the Judiciary Is Here to Stay – Courts are exploring how judges can responsibly use Gen AI while maintaining human oversight ("Judge in the Loop"). AI can enhance efficiency, but it requires proper safeguards. 2️⃣ The Evolving Role of AI in Discovery – AI-assisted eDiscovery tools, hyperlinked documents, and bias in search prompts are raising new legal challenges. Attorneys and judges will need to balance efficiency with defensibility in discovery practices. 3️⃣ The Black Box Problem & Legal Trust – While AI tools are powerful, many legal professionals remain skeptical because of lack of transparency and potential bias. The judiciary will likely require expert testimony and case law development to address these concerns. Action Items ✅ Judges should explore Gen AI responsibly – AI can assist in drafting orders and summarizing briefs but should never replace judicial reasoning. ✅ Lawyers must address AI in Rule 26 Conferences – Expect new disputes over AI-generated discovery results and defensibility of prompts. ✅ Stay updated on AI case law & Sedona Guidelines – Courts are actively shaping policies on Gen AI in discovery, confidentiality, and proportionality. Podcast Chapters & Timecodes 🕒 00:00 – Introduction: Welcoming Judge Allison Goddard and her work in AI & eDiscovery. 🕒 02:13 – AI in the Judiciary: How the Sedona Conference guidelines shape AI use for judges. 🕒 10:46 – The Complacency Risk: AI tools are getting better, but judges & lawyers must avoid over-reliance. 🕒 19:07 – AI in Drafting & Decision Making: How Gen AI enhances efficiency while preserving human judgment. 🕒 28:48 – AI in eDiscovery: A New TAR Battle?: The next legal fights will likely center around AI-generated search results & bias in prompts. 🕒 37:28 – Show Me Your Prompt!: Will courts begin demanding AI prompt transparency in discovery disputes? 🕒 45:10 – The Future of AI in Law: How AI could reduce bias in judicial decisions and reshape legal practice. 🔔 Don’t forget to subscribe to the NeLI Podcast for more expert insights on legal technology, AI, and e-discovery! 🎙 Follow Us: ⁠⁠ LinkedIn⁠⁠⁠⁠ X (Twitter)⁠⁠⁠⁠ Instagram⁠⁠⁠⁠ Facebook

    53 min
  7. NeLI Pod #11 with Doug Austin

    03/25/2025

    NeLI Pod #11 with Doug Austin

    Podcast Show Summary Guest Details Doug Austin – Founder & Editor of eDiscovery Today Doug has been a leader in the eDiscovery industry for over 30 years, with expertise spanning consulting, project management, and daily industry analysis. As the editor of eDiscovery Today, he provides key insights on emerging trends, case law, and legal technology. The Cloud Has Reshaped eDiscovery – The shift from on-premise to cloud-based data has significantly transformed how legal professionals approach eDiscovery. With the explosion of collaboration tools like Slack, Teams, and Google Drive, legal teams must rethink collection strategies. Hyperlinked Documents Are a Game-Changer (and a Challenge) – The transition from traditional email attachments to linked files presents new hurdles in preservation, collection, and proportionality. Courts are beginning to weigh in, but clear best practices are still evolving. Deepfakes & Fabricated Evidence Will Be Major Legal Challenges – The rise of generative AI makes it easier to create and manipulate evidence. Legal professionals must develop new strategies to authenticate digital evidence and ensure forensic integrity. ✅ Stay informed on hyperlinked document case law—protocols are evolving rapidly. ✅ Ensure metadata and forensic analysis are prioritized to validate digital evidence. ✅ Invest in education & certifications (like ACEDS) to stay ahead of eDiscovery trends. ✅ Dedicate 5-15 minutes daily to reading legal tech insights and 1 hour per month to attending webinars. 🕒 00:00 – Introduction: Welcoming Doug Austin, background in eDiscovery. 🕒 06:22 – The Evolution of eDiscovery: From paper-based discovery to digital transformation. 🕒 16:51 – The Most Impactful Technology Shift: Why the cloud is the most significant disruptor. 🕒 19:56 – Hyperlinked Documents & Legal Challenges: How courts are dealing with modern attachments. 🕒 28:44 – The "Smoking Emoji" Case & Deepfakes: The rise of fabricated evidence in courtrooms. 🕒 38:11 – Where to Stay Educated in eDiscovery: Key resources, blogs, and conferences. 🕒 41:56 – State of the Industry Insights: Key takeaways from the 2025 report. 🕒 46:14 – Advice for New Legal Professionals: Certifications, networking, and industry best practices. 🔔 Don’t forget to subscribe to the NeLI Podcast for more expert insights on legal technology, AI, and e-discovery! 🎙 Follow Us: ⁠ LinkedIn⁠⁠ X (Twitter)⁠⁠ Instagram⁠⁠ Facebook

    43 min
  8. NeLI Pod #10 with Dr. Maura Grossman

    02/25/2025

    NeLI Pod #10 with Dr. Maura Grossman

    Podcast Episode Title 🔍 E-Discovery, AI, and the Future of Legal Tech: A Conversation with Dr. Maura Grossman Episode Description In this compelling episode of the NeLI Podcast, Daniel Gold and Brandon Mack sit down with the distinguished Dr. Maura Grossman, a visionary in e-discovery and AI in the legal space. Dr. Grossman shares insights from her pioneering work in Technology-Assisted Review (TAR) and Continuous Active Learning (CAL), discusses the evolution of AI in the legal industry, and explores the challenges of AI-generated evidence in the courtroom. She also weighs in on how generative AI is reshaping discovery and the regulatory implications that courts must urgently address. Whether you’re a legal professional, a technology enthusiast, or someone curious about the intersection of law and AI, this episode is packed with critical insights, thought-provoking discussions, and expert perspectives. 🎧 Tune in to hear: The unexpected challenges Dr. Grossman faced while introducing CAL to the industry. Why early TAR adoption was met with skepticism and economic pushback. The potential pitfalls of generative AI in legal discovery. How case law has evolved (or failed to evolve) alongside technological advancements. Why courts and attorneys need to rethink digital evidence authentication in the AI era. Dr. Grossman’s vision for the future of legal tech and the legacy she hopes to leave. 💡 Resources Mentioned: 📄⁠⁠2011 Richmond Journal of Law & Technology Article on CAL⁠⁠ – Dr. Maura Grossman & Gordon Cormack’s seminal work introducing Continuous Active Learning (CAL) in e-discovery. 📄⁠⁠AI in the Court: How Worried Should We Be? (2024)⁠⁠ – Dr. Maura Grossman, Judge Paul Grimm, and others discuss the risks of AI-generated evidence in legal proceedings. 📄⁠⁠Federal Rules of Evidence Advisory Committee Proposals on AI Evidence⁠⁠ – Latest updates on potential changes to the Federal Rules of Evidence addressing AI-generated evidence. 🔔 Don’t forget to subscribe to the NeLI Podcast for more expert insights on legal technology, AI, and e-discovery! 🎙 Follow Us: ⁠⁠ LinkedIn⁠⁠⁠⁠ X (Twitter)⁠⁠⁠⁠ Instagram⁠⁠⁠⁠ Facebook⁠⁠

    51 min

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The official podcast of the National eDiscovery Leadership Institute. Here, we bridge the gap between technology and the law, bringing you the forefront of electronic discovery.