Right Discovery Staff Writer
Litigation is digital. Not partially digital. Not trending digital. Fully digital.
Electronically Stored Information (ESI) now makes up more than 90% of discoverable evidence in most matters. Emails, text messages, Slack and Teams chats, cloud storage, mobile data, AI-generated content—it’s all fair game. And courts expect lawyers to understand how to preserve it, produce it, and defend their decisions.
That’s exactly what we’re diving into during “ESI, GenAI and Emerging Technologies in Modern Litigation: Federal Rules, Oklahoma State Practices, Ethics, and Best Practices.”
Moderated by Bill Leach and presented by Tracy McCormack, Danny Thankachan of Case Guild, and Kevin M Clark of Right Discovery, this session walks through what’s actually happening in courtrooms right now—and what practitioners need to be doing differently.
On the federal side, we’re working within the framework of the Federal Rules of Civil Procedure—particularly Rule 26 (scope and proportionality), Rule 34 (form of production), and Rule 37(e) (spoliation and sanctions). Proportionality isn’t theoretical anymore. It’s driving discovery strategy. And when ESI is lost, courts are asking one question: were “reasonable steps” taken?
In Oklahoma state court, the Discovery Code (12 O.S. §§ 3224–3237) closely mirrors earlier federal standards but allows broader judicial discretion—especially when it comes to sanctions under § 3237. That difference matters. Federal courts require intent for severe sanctions under Rule 37(e). State courts may exercise inherent authority more flexibly.
The practical takeaway? Litigation holds need to happen early. Preservation efforts need to be documented. And meet-and-confers should address ESI with intention—not as an afterthought.
Discovery no longer revolves around email alone.
We’re now talking about:
• Collaboration tools like Slack and Teams
• Ephemeral messaging
• Cloud-based systems
• Mobile device data
• AI-generated documents
Each source presents preservation challenges, collection complexities, and privilege considerations. The panel discusses how to approach these sources strategically, how to negotiate ESI protocols, and when to reference federal district guidelines—particularly in Oklahoma’s federal courts where structured ESI planning is increasingly encouraged.
Competence includes technology. Period.
Both ABA Model Rule 1.1 (Comment 8) and Oklahoma Rule 1.1 make clear that lawyers must understand the benefits and risks associated with relevant technology. That means understanding how AI tools work, how metadata impacts production, how to supervise technology-assisted review, and how to safeguard client confidentiality.
It does not mean becoming a technologist. It does mean exercising informed judgment.
Generative AI is already influencing legal workflows. Attorneys are using it for:
• Early case assessment
• Relevance and privilege review
• Drafting and research
• Privilege log generation
• Litigation strategy development
• Internal knowledge management
But best practices matter.
Maintain technological competence. Protect confidentiality. Verify everything. Use secure tools. And remember: AI augments legal reasoning—it does not replace it. Strategic use adds value. Overreliance creates risk.
Featuring: Judge Kelly Greenough, Judge Susan Huntsman, Judge Jane Wiseman
The discussion portion of this CLE program tackles the questions lawyers are actively facing:
How aggressively are Oklahoma courts enforcing spoliation sanctions?
How has proportionality changed preservation negotiations?
What qualifies as “reasonable steps”?
How should firms handle Slack messages, deleted texts, and AI-generated data?
What should an ESI protocol actually include?
This isn’t theoretical. It’s practical. And it’s happening now.
This CLE brings together federal rules, Oklahoma state distinctions, litigation hold strategy, ethical duties, and AI integration into one focused discussion. It’s designed for practitioners who want clarity—not confusion—around ESI and emerging technology.
CLE credits are available for attendees in Oklahoma (including ethics credit), Texas, and Missouri.
If you’re navigating modern litigation, this conversation belongs on your calendar. Sign up, attend, and be part of the discussion shaping how discovery is practiced today.
When: February 26, 2026 3:00–5:00 PM CT
Where: Tulsa County Bar Center – Lower Level
1446 S Boston Ave, Tulsa, OK 74119
Parking: Enter and park behind the building
Professor Tracy McCormack is a distinguished professor of law at the University of Texas
Kevin M Clark of Right Discovery and Danny Thankachan of CaseGuild, are frequent national lecturers and subject matter experts on ESI, LLMs and AI as applied to litigation practice including discovery tools. Kevin and Danny are on the leading edge of this brave new world for the legal profession
Judicial Panel
Tulsa County District Judge Kelly Greenough. Among her many accomplishments, Judge Greenough was and is the force behind the Domestic Violence Court in Tulsa County and has been on the District Court bench since 2016, and prior to that had a distinguished career as a practicing lawyer.
Northern District Magistrate Judge Susan Huntsman. Judge Huntsman, a Harvard Law graduate and had a long and distinguished career at the Crowe Dunlevy firm prior to assuming the bench in 2021. She has served as the President of the ND/ED Chapter of the Federal Bar Association and is unanimously recognized by her colleagues at the ND as being most knowledgeable about ESI.
Hon. Jane Wiseman. Judge Wiseman was a trial judge in Tulsa before being appointed to serve on the Oklahoma Court of Civil Appeals in 2005. She has multiple ‘firsts’, and virtually all awards and hall of fame status for judicial excellence.
Topics: ESI CLE Oklahoma, Oklahoma ethics CLE credit, Texas CLE credit pending, Kansas CLE credit, federal rules ESI, Oklahoma Discovery Code 12 O.S. 3226, FRCP 26 proportionality, FRCP 37(e) spoliation sanctions, litigation hold best practices Oklahoma, GenAI in litigation CLE, eDiscovery ethics training, technological competence Rule 1.1 Oklahoma, ABA Model Rule 1.1 technology, AI in eDiscovery, emerging technologies litigation CLE, Oklahoma federal district ESI guidelines, Slack Teams discovery preservation, privilege log generation AI, proportionality federal court discovery, Oklahoma state court spoliation sanctions