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 discovery—today—in Oklahoma federal and state courts, and what every litigator should be prepared to explain.
The Rules Are Clear. The Risks Are Real.
The federal framework is familiar to most practitioners: Federal Rules of Civil Procedure Rule 26 on scope and proportionality, Rule 34 on the form of production, and Rule 37(e) on spoliation and sanctions. When ESI is lost, courts focus on whether "reasonable steps" were taken to preserve it—and whether prejudice and bad faith justify relief.
Oklahoma practice brings its own contours through the state court Discovery Code (12 O.S. Sections 3224 through 3237). State judges may apply broader discretion in some sanction scenarios than their federal counterparts, which makes local fluency essential when cases straddle both systems.
The practical takeaways are consistent: litigation holds must start early, preservation should be documented, and meet-and-confers should address ESI intentionally—not as an afterthought.
Emerging Data Sources Are Changing Everything
Discovery is no longer an email-only exercise. Teams must account for:
- Collaboration tools like Slack and Teams
- Ephemeral messaging
- Cloud-based systems
- Mobile device data
- AI-generated documents
The panel examines strategic approaches to these sources, ESI protocols, and federal district guidelines—with attention to Oklahoma practice.
Ethics and Technology: They're Now Linked
Competence includes technology. Period.
ABA Model Rule 1.1 Comment 8 and Oklahoma's parallel duty make the point explicit: attorneys must understand the benefits and risks of relevant technology. That includes AI tools, metadata implications for production, supervising technology-assisted review, and safeguarding client confidentiality.
It does not mean becoming a technologist. It does mean exercising informed judgment.
GenAI Is Here, Now What?
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.
Live Judicial Panel Discussion: Real-World Application
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?
Join the Conversation in Tulsa on February 26th!
- 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. Register for the CLE Event!
When & where
- 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
Presenters and judicial panel
Professor Tracy McCormack is a distinguished professor of law at the University of Texas.
Kevin M Clark (Right Discovery) & Danny Thankachan (CaseGuild) are frequent national lecturers and subject matter experts on ESI, LLMs, and AI as applied to litigation practice.
Judicial panel: Tulsa County District Judge Kelly Greenough has served on the District Court bench since 2016 and was a driving force behind the Domestic Violence Court in Tulsa County.
Northern District Magistrate Judge Susan Huntsman is a Harvard Law graduate who enjoyed a long and distinguished career at Crowe Dunlevy before assuming the bench in 2021. She has served as President of the ND/ED Chapter of the Federal Bar Association and is widely regarded by her colleagues as deeply knowledgeable about ESI.
Hon. Jane Wisemanserved as a trial judge in Tulsa before her appointment to the Oklahoma Court of Civil Appeals in 2005. She holds multiple "firsts" and extensive recognition 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