Mass Tort Webinar Series

Welcome Announcements

Using AI in Mass Torts

AI tools are transforming the practice—from document review to case valuation. But they raise ethical and regulatory questions for practitioners.

Ethics of AI as a Mass Tort Practitioner

• Competence and diligence under ABA Model Rule 1.1 — knowing the technology
• Duty of confidentiality and safeguarding client data
• Risks of bias, transparency, and explainability in AI outputs
• Accountability: who is responsible for AI-generated work product?

Tools and Best Practices

• AI for document review, case screening, and medical record summarization
• Predictive analytics for settlement forecasting
• Automating client communications and claims intake
• Verifying AI-generated content for accuracy and evidentiary reliability
• Bellwether case selection
• AI use in expert reports
• Plaintiff Fact Sheets
• Internal Census Forms
• Focus Groups
• Demonstrative Evidence

Future Trends

• Use of AI to identify emerging mass torts (social media monitoring, adverse event reporting)
• Integration with litigation management platforms

Questions & Answers

Welcome Announcements

Federal vs. State Filing Parallels

Exploring how coordination between state and federal actions impacts the broader litigation landscape, including mass tort strategy, discovery, and settlement leverage.

Strategic Forum Selection

• Pros and cons of filing in state vs. federal court.
• Evaluating local procedural rules, jury pools, and discovery flexibility.
• Preemption considerations and removal/remand strategy.

Parallel Proceedings and Coordination

• Communicating with plaintiffs’ steering committees and coordinating counsel.
• Coordinating discovery orders, depositions, and expert designations.
• Avoiding inconsistent rulings and conflicting schedules.

Leveraging State Cases to Strengthen the MDL

• Using state-court wins (Daubert-type rulings, verdicts, or discovery orders) to influence MDL negotiations.
• Building pressure through early bellwether trials or favorable rulings in state venues.
• Sharing information and preserving cross-jurisdiction consistency.

Judicial Liaison and Cooperation Protocols

• Best practices for working with state and federal judges overseeing parallel cases.
• Examples from recent mass torts where coordination improved efficiency.

Questions & Answers

Welcome Announcements

E-Discovery in Mass Torts

E-Discovery remains a major cost and conflict driver in mass torts. Managing data efficiently—and ethically—can make or break a case.

Discovery Battle Deadlines

• Timing challenges: simultaneous discovery in multiple jurisdictions.
• Handling overlapping requests and protective orders.
• Strategies for negotiating rolling productions and proportionality limits.

Limitation of Scope

• Arguing proportionality under Rule 26(b)(1).
• Using technology-assisted review (TAR) to narrow document sets.
• Defining “custodians” and “search terms” effectively to reduce disputes.

   

Cross-Platform ESI Collection

• Managing discovery from social media, internal chats (Teams, Slack), and mobile devices.
• Addressing privacy, privilege, and metadata preservation issues.

   

Vendor Oversight

• Ensuring compliance with Rule 5.3 (responsibilities regarding nonlawyer assistance).
• Ethical considerations when outsourcing data processing and hosting.

Questions & Answers

Welcome Announcements

Settlement Best Practices

Modern settlement strategies depend on data, tech fluency, and coordination across jurisdictions. Efficiency and accuracy are key.

How to Be Tech Savvy

• Utilizing case management software to track inventory and liens.
• Digital dashboards for tracking claimant eligibility and metrics.
• Managing communications with co-counsel and fund administrators securely.

Using Tech to Get Settlement Data

• Leveraging analytics to model expected value and range of settlements.
• Centralizing data from multiple firms to improve negotiating power.
• Using AI or database tools to identify patterns in injury severity, exposure duration, or medical outcomes.

Lien Resolution and Data Management

• Tools for handling Medicare, Medicaid, and private lien verification.
• Ensuring accuracy and compliance in claimant data submission.

Ethical and Administrative Oversight

• Preventing double recovery or misallocation errors.
• Maintaining transparency with clients and co-counsel in global settlements.

Questions & Answers