The Sedona Conference Working Group 13 on Artificial Intelligence and the Law: Inaugural Meeting 2025

Date: 
Thursday, January 16, 2025 - 8:30am to Friday, January 17, 2025 - 3:00pm

Location:
The Camby Hotel
2401 East Camelback Road
Phoenix, AZ 85016

Welcome Reception:
Wednesday, January 15, 2025, 5:30 - 7:30 p.m.

Artificial Intelligence touches almost every aspect of the law. Several established Sedona Conference Working Groups are already tackling issues such as using AI in eDiscovery, AI and inventorship in patent law, and AI as a data privacy and cybersecurity risk. After two successful conferences on AI and the Law, The Sedona Conference will launch a new Working Group 13 with the dual mission of coordinating the AI-related activities of existing Working Groups and serving as an incubator to develop analyses and recommend principles and best practices addressing AI in other legal contexts.

We will meet in Phoenix, Arizona, in January, starting with a welcome reception on Wednesday evening, January 15, and ending with the adjournment at 3:00 p.m. on Friday, January 17. The draft agenda is below. The specific focus if a session may narrow as the panels meet and plan their sessions, but the general topics are not expected to change. A detailed agenda with dialogue leaders will be issued as soon as it is solidified.

To attend the meeting or join other Working Group 13 activities, you must either be a member of The Sedona Conference Working Group Series in good standing or an employee of a Working Group Series Sponsor. Judges, full-time government employees, and academics in accredited non-profit educational institutions may obtain a complimentary WGS membership and enjoy special consideration in meeting registration fees.

Available Hotels in the Area:
The room block at The Camby Hotel is now sold out. Below are several hotels in the area that are within a 15-minute walk to The Camby. Please note that The Sedona Conference has no contractual relationship with these hotels. We can neither provide a rate nor ensure the hotel's quality.

These are just a few in the area, and there may be others that better fit your needs.

CLE
The Sedona Conference will seek CLE accreditation for this meeting in selected jurisdictions, as dictated by attendance. Because this is an inaugural meeting of Working Group 13 and there will be significant portions of the agenda dedicated to the business needs of the working group, there is a potential that we will not achieve the typical number of hours of approved CLE.

CO-CHAIRS

University of Waterloo

Waterloo, ON, Canada

Littler Mendelson P.C.

Minneapolis, MN, USA

Dialogue Leaders

University of Surrey

Surrey, United Kingdom

Gowling WLG Canada LLP

Toronto, ON, Canada

Joseph Saveri Law Firm

San Francisco, CA, USA

Integreon

Lawrenceburg, IN, USA

University of Waterloo

Waterloo, ON, Canada

Meta Platforms

San Jose, CA, USA

DCI Consulting Group

Washington, DC USA

University of Ottawa

Ottawa, ON, Canada

Covington & Burling LLP

Chantilly, VA, USA

U.S. District Court, Southern District of California

San Diego, CA, USA

Morrison Foerster

San Francisco, CA, USA

Hedin B Consulting

Carmel, CA, USA

Crowe LLP

Sarasota, FL, USA

Redgrave LLP

Washington, DC, USA

Banner Witcoff

Washington, DC, USA

Sterne, Kessler, Goldstein & Fox PLLC

Washington, DC, USA

Ko IP & AI Law PLLC

Chandler, AZ, USA

USPTO

Alexandria, VA, USA

Arizona State University

Scottsdale, AZ, USA

Covington & Burling

New York, NY USA

Repario Data

Milford, CT, USA

Crowe

Spring, TX, USA

Baron & Budd PC

Dallas, TX, USA

Pelletier Law, LLC

Chicago, IL, USA

Tensegrity Law Group LLP

San Francisco, CA, USA

Ontario Superior Court of Justice

Toronto, ON, Canada

U.S. District Court for the Western District of Texas

San Antonio, TX, USA

WilmerHale

Palo Alto, CA, USA

Digital Mountain, Inc.

Madison, WI, USA

BakerHostetler

New York, NY, USA

Withers & Rogers, LLP

Warwick, United Kingdom

Arizona Court of Appeals

Phoenix, AZ, USA

Winston & Strawn LLP

Washington, DC, USA

Microsoft

Seattle, WA, USA

Meta Platforms

San Francisco, CA, USA

The Sedona Conference

Phoenix, AZ, USA

Aristocrat

Chicago, IL, USA

WG13 Inaugural Meeting Agenda

Time  Session  Panelists
  Wednesday, January 15, 2025 (*=moderator)
5:30 — 7:30 p.m. Welcome Reception  
  Thursday, January 16, 2025  
7:30 — 8:30 a.m. Sign-In & Buffet Breakfast (provided)  
8:30 — 9:00 a.m. Welcome and Announcements  
  What does a TSC Working Group do and how? What else is TSC currently doing in the AI space? Grossman, Ray, Withers*
9:00 — 10:00 a.m. [Session 01] What Do We Mean by "AI"  
  This session has two goals: providing a baseline understanding of the benefits, risks, and basic functioning of different AI technologies, and examining the multitude of legal definitions of AI that have emerged over the past few years. By laying out factual nuance, dispelling common misunderstandings, and sketching out the scope and coverage of various significant AI laws, these two topics will help frame our dialogue over the next two days. McVoy, Ray*, Strange, Vidmar
10:00 — 10:15 a.m. Morning Break  
10:15 — 11:15 a.m. [Session 02] Regulation of AI  
  AI development and use present risks and opportunities. Existing and proposed laws, regulations and standards seek to mitigate AI-related risks, including bias, discrimination, disclosure of private information, unfairness and deception. Compliance with those authorities can be a significant challenge. That challenge can be enhanced when accounting for rights, such as IP rights, at issue or arising during and through AI development and use. We will lead a dialogue that analyzes the rights and risks of certain AI authorities, enacted or proposed, that address such risks and relate to such rights, which can be developer, user and third-party rights. Arnold, Eltis, McMurrough, Pelletier*, Ray, Sterling
11:15  — 12:15 p.m. [Session 03] AI in Practice: Real-World Applications Across Legal and Other Industries  
  AI's expanding role across business and legal sectors reveals both its capabilities and limitations in practice. This session examines AI's current impact through the lenses of consumer-facing applications, enterprise implementation economics, and legal practice applications. Through the discussion of real-world AI applications—both successful and unsuccessful—we will investigate how AI has effectively delivered value, and where it has fallen short. We will address key factors to consider when selecting and implementing AI technology applications, as well as best practices for ensuring new technologies are deployed in compliance with global regulatory frameworks. This practical assessment will equip counsel to better advise clients on AI adoption, deployment, and development, as well as optimize its defensible and reasonable use in their own practice. Bien, Dahlin, Emory*, Ma
12:15 — 1:15 p.m. Lunch (provided)  
1:15 — 2:15 p.m. [Session 04] Measurement, Defensibility, and Compliance: Vetting, Validation, and Monitoring of AI Tools and Uses  
  As the excitement that attends the arrival of a new technology gives way to the business of applying the technology in real-world circumstances, we are brought back to basic questions: Does it work? How do we measure whether it works? On what basis do we rely on the decisions or outcomes it generates? Both science and the law have something to contribute to answering such questions—questions of effectiveness and trust—but, just as the objectives of science and law differ, so too do their approaches and standards for establishing trust differ. In this session, we assess how we establish trust in the effectiveness of AI-enabled technologies, from the perspective of both science and the law. Our goal is to lay the foundation for standards and regulations that are better informed and strengthened by the contributions of science. Cormack, Dunleavy, Grossman, Hedin*
2:15 — 3:15 p.m. [Session 05] AI Governance  
  The introduction of AI into an enterprise, and GenAI in particular, raises many questions about information collection, retention, stewardship, access, and disposal that are the bedrock of Information Governance policies and procedures. We will evaluate ways in which Information Governance might be expanded to incorporate AI, or even if that is necessary. Kearney, Moncure*, Olsen, Zeller
3:15 — 3:30 p.m. Afternoon Break  
3:30 — 4:30 p.m. [Session 06] IP Part I: Navigating the Litigation Landscape: Generative AI and Copyright Law  
  This panel will explore current issues in litigation regarding Generative AI with a particular focus on copyright. The panel will review legal theories and arguments raised by right-holders in attempting to hold AI model makers liable for copyright infringement as well as the model makers’ key defenses. Benon, Gratz, Selwyn, Vo*
4:30 — 5:30 p.m. [Session 07] IP Part 2: Patenting and Copyrighting of AI-Generated Content  
  The use of generative AI in developing new technologies and creative works raises questions that strike at the very core of what patents and copyrights are intended to protect and foster. So far the Copyright Office and the Patent Office have taken different approaches on AI-generated works, but is either approach appropriate? We will evaluate whether we need entirely new concepts of “invention” and “creation” that account for the future pervasiveness of AI in human creation. As well as the role of patents and copyrights as “push to invent” becomes more of a reality. Abbott, Kelly*, Kenton, Powers, Vidal
5:30 — 7:30 p.m. Reception (guests invited)  
  Friday, January 17, 2025  
7:30 — 8:30 a.m. Breakfast & sign-in  
8:30 — 9:45 a.m. [Session 08] AI and the Courts: Judicial Perspectives
  This panel will examine a variety of pressing issues facing the courts, including how judges and litigants should deal with acknowledged AI-generated evidence and potential deepfakes; whether judges should be using generative AI and, if so, when and how; and whether AI can help relieve overburdened dockets and assist self-represented litigants. Our judges represent diverse backgrounds from U.S. federal and state court to a federal court in Canada. Goddard, Grossman*, Presser, Rodriguez, Thumma
9:45 — 10:45 a.m. [Session 09] What the Future of AI Holds: Law and Technology  
  Law and Technology continue to cross swords as more technologies incorporate or depend on some form of AI. While use cases for AI may be expansive, each may subject the creator, the consumer, and the target to various degrees of legal scrutiny and potential liability. This panel will break down what is next on the horizon for AI, both in terms of the technology and where advances in AI can improve the legal system. And will further assess the potential legal dangers that these advances might present. Jorgensen*, Marchant, Shepard, Vidmar
10:45 — 11:00 a.m. Morning Break  
11:00 — 12:00 p.m. [Session 10] Where Does Working Group 13 Go From Here  
  We will identify tipping point legal issues raised by AI that will benefit from further analysis and guidance for courts and lawmakers, with a focus on where broad consensus may emerge. The discussion will explore how The Sedona Conference can maximize its impact with limited volunteer resources. Key questions include: What are the most urgent AI legal challenges? Where can we find common ground on principles or guidelines? And how can The Sedona Conference prioritize efforts to drive meaningful progress in AI law? Grossman, Ko*, Moncure, Ray, Withers
12:00 — 12:30 p.m. Lunch (grab-and-go - take to Breakout Room)  
12:30 — 1:30 p.m. Breakout Session 1 Addressing WG13’s Next Steps  
  The legal issues we identify in the preceding ten sessions have urgency and the relevant technologies advance constantly, with new technologies introduced almost daily. Previous Sedona Conference Working Groups have engaged in dialogue to develop consensus-based principles and guidelines in their fields for 18 months or more. Working Group 13 will not have that luxury. We will need to “hit the ground running,” and these two breakout sessions will allow us to start the process immediately. Each breakout session can be a “committee of the whole” or be divided into two to three smaller workshops focusing on specific Working Group projects, to be identified at the conclusion of Session 10. Participants will be free to choose which sessions or workshops to participate in.  
1:30 — 1:45 p.m. Afternoon Break  
1:45 — 2:45 p.m. Breakout Session 2 Addressing WG13’s Next Steps  
2:45 — 3:00 p.m. Closing Remarks and Adjournment