As the holiday season begins and we prepare to gather around our tables, Georgetown Law Advanced eDiscovery Institute (AEDI) 2025 felt a bit like a pre-Thanksgiving feast for the legal and eDiscovery community. It delivered a spread overflowing with insights, innovations, debates, and more than a few moments to savor. Instead of turkey and stuffing, the conference served up heaping portions of AI, case law, data strategy, and forward-thinking discussions that left attendees feeling grateful (and full) of practical takeaways.
The Full Spread of eDiscovery Insights
Unsurprisingly, eight of the sessions referenced AI in the title or description, which tells you just how sweeping the topic has become. Just as families argue over whether stuffing belongs in the turkey (heads up, it should be on the side), the debate around when and how to use AI was as lively as any dinner table could be.
Among the cornucopia of topics were conversations on how GenAI supports witness profiles, chronologies, and case-building, all with a generous helping of practical tips. We were able to hear expert perspectives and predictions on a mix of AI issues impacting eDiscovery, including:
- The impact of AI on privilege: is there privilege between a non-attornies and AI?
- Are prompts protected work product?
- Should communications with AI be logged?
- Is AI-generated content a business record? If so, who is the custodian?
- What is the discovery and liability impact with the shift to Agentic AI?
And layered across these conversations was a new reality that came through loud and clear. Courts expect companies to understand how their AI tools create, store, and manage data. There is no holiday-week grace period on this one. If AI touches your workflow, you will be expected to account for it during litigation.
The "Side Dishes" Were Just as Good
Modern Data Types Are Outpacing Old Processes
Legacy discovery playbooks simply can’t keep up with mobile-first workflows, collaboration platforms, and apps that spin up ephemeral messages faster than Aunt Linda can derail a dinner conversation. These modern data types demand updated strategies and a willingness to rethink collection from the ground up.
Sanctions Risk Is Rising
Judges didn’t mince words. Their patience for poor preservation or incomplete collections is about as thin as the last slice of pumpkin pie. Defensible processes aren’t optional anymore.
Automated collection efforts are quickly becoming the expected baseline, and the bench is paying close attention. Think of it as the eDiscovery version of being told to tidy up before guests arrive, only to realize this year the judges are also checking the closets.
Privacy, Security, and eDiscovery Are Converging
Another consistent thread was the merging of regulatory, cybersecurity, and litigation demands. What used to be three separate conversations is now coming together, much like the turkey sandwich you assemble on a roll. Clients need coordinated “Data Risk” strategies that treat privacy, security, retention, and discovery as parts of the same sandwich. Teams that approach these issues in isolation will find themselves playing catch-up.
Technology Fluency Is the New Competitive Edge
One of the biggest themes at AEDI was the widening skills gap. Legal teams are expected to understand data, AI, modern workflows, and the technologies that support all of it. The future belongs to hybrid talent: part attorney, part technologist, part data strategist.
The takeaway was simple. Invest in upskilling, training, and legal-tech literacy across all departments. Knowledge really is the main course.
Last but Not Least
And of course we couldn’t forget the traditional eDiscovery topics. It seemed a bit like the beloved family member showing up unexpectedly (if you consider managing exploding data sizes and deep dives on MDL Discovery to be beloved topics!).
I’d be remiss if I didn’t give a special shout-out to one session that sounded like Grandma’s Secret recipe passed down through the generations. “Preservation Pickles” will be my favorite session name for a long time.
Exercising our eDiscovery Muscles
We weren’t just eating up the discussions either. Just like the Thanksgiving morning Turkey Trot, there were multiple learning labs that provided a hands-on experience with GenAI tools, giving an opportunity to try, test, and exercise our muscles with the latest tech reshaping discovery workflows. I for one walked away a little tired yet surprisingly energized.
What I'm Thankful For
I am thankful that conferences like Georgetown AEDI exist and create an earnest exchange of ideas. I am thankful that our eDiscovery community can have candid discussions about technology and how it impacts people and processes. And, just as important, I am thankful for everyone that is accepting of (my) bad puns.
Ned Adams
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Ned has been fostering partnerships and helping clients tackle complex legal matters with TCDI for over two decades. He is passionate about building personal connections with clients to better understand their challenges and develop innovative eDiscovery solutions.
Regardless of the size, complexity, or duration of a matter, Ned leverages his project management experience to help clients navigate a successful solution. He guides organizations and law firms through every step of the EDRM, ensuring their matters are handled as smoothly as possible. As a Lean Six Sigma Green Belt, he thrives on developing workflows and processes that maximize efficiency, reducing time and cost for our clients. Learn more about Ned.
