Requesting, Obtaining and Using Machine-Generated Evidence

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Includes a Live Web Event on 06/04/2026 at 2:00 PM (EDT)

Evidence about a defendant’s computer systems used in decision making or error checking can be critical to proving liability and a common course of conduct in many consumer class actions. However, because the operation of these systems reflects processes rather than simple documents, obtaining these materials in discovery and using them at trial can present unique challenges. The advent of generative AI also presents novel difficulties in both accessing and using such materials.

What You Will Learn

• How to target and tailor your systems-related requests
• How to use ESI orders to ensure you get the materials in the form and format you need
• How to use discovery procedures efficiently and effectively in getting that production or testimony and how to admit and use those materials at trial

Ryan Gott

Ryan Gott is an attorney at Pearson Warshaw LLP in the Minneapolis office with a practice focused on consumer protection, data privacy & security, false advertising, product liability and predatory lending matters including those involving the Military Lending Act (“MLA”) and the Truth in Lending Act (“TILA”). In the litigation and maintenance of two of the largest data breach MDLs in the country, In Re: Change Healthcare, Inc. Customer Data Security Litig. and In re: MOVEit Customer Data Security Breach Litig., Ryan is tasked with dispositive motion briefing, plaintiff vetting and ESI preservation coordination, offensive, non-party and expert discovery and depositions. Ryan is an active member of Electronic Document Retention and Production Working Group of The Sedona Conference, which seeks to develop principles, guidance and best practice recommendations for information governance and electronic discovery. Ryan also serves on multiple Public Justice committees including the Access to Justice Task Force and the Class Action Preservation Project Task Force.

David Nagdeman

David Nagdeman is a partner at Langer, Grogan & Diver P.C. in Philadelphia which focuses on class action litigation in consumer protection, antitrust, and economic justice matters. He focuses his practice on consumer protection issues, especially complex financial frauds involving predatory lending. He is also an adjunct professor of remedies at Temple University Beasley School of Law.