News & Analysis as of

Federal Rules of Civil Procedure Artificial Intelligence

Esquire Deposition Solutions, LLC

The Siren’s Song of Generative AI in Pleadings

Most uses of artificial intelligence in litigation carry great promise but little risk. That’s not the case with generative AI tools employed to draft legal pleadings. Despite the best efforts of courts and bar groups to...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

Esquire Deposition Solutions, LLC

AI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more

Array

This Week in eDiscovery: When Self-Collection Goes Wrong | eDiscovery Deepfakes

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of February 2-8. Here’s what’s...more

Verrill

"The Irony": Can attorneys trust experts in the age of AI?

Verrill on

In 2023, a new law went into effect in Minnesota to regulate the use of deep fake technology to influence elections. In 2024, Christopher Kohls, a YouTube personality known as “Mr Reagan,” and Rep. Mary Franson of the...more

Zuckerman Spaeder LLP

New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

Zuckerman Spaeder LLP on

A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Array

This Week in eDiscovery: Survey on eDiscovery Growth | ‘Tis the Season for CLEs & More

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This week’s post covers the period of December 15-20. Here’s what’s happening....more

Baker Botts L.L.P.

Trust, But Verify: Avoiding the Perils of AI Hallucinations in Court

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The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more

Array

This Week in eDiscovery: eDiscovery Day Special Edition | Discovery Challenges of AI Datasets; Deleted ESI Sanctions

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 24-30. Here’s what’s...more

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

Wiley Rein LLP

Into the AI Future: What a Relator’s Use of AI in a Recent FCA Case Portends About the Future of Whistleblowing

Wiley Rein LLP on

A recent California False Claims Act (CFCA) settlement highlights how relators are turning to artificial intelligence (AI) tools to allege fraud and other issues. By understanding how AI may be used by relators or other...more

Association of Certified E-Discovery...

The Evolution of eDiscovery: From its Inception to the Future

The digital revolution of the late 20th century brought a tidal wave of electronically stored information (ESI). Emails, digital documents, and other forms of electronic data began to dominate business and personal...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Arnall Golden Gregory LLP

Wave of the Future: Are AI and Data Mining the Next Generation of “Professional Whistleblowers”?

In the realm of False Claims Act (“FCA”) litigation, the emergence of artificial intelligence (“AI”) and data mining technologies has introduced both opportunities and complexities for defense strategies. Historically, qui...more

EDRM - Electronic Discovery Reference Model

A Groundbreaking Perspective: Judge Newsom’s Vision for AI in Judicial Decision-Making

Judges and lawyers received a significant gift last week when 11th Circuit Judge Kevin C. Newsom penned a concurring opinion in a seemingly mundane insurance case involving a backyard in-ground trampoline. The concurring...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Hanzo

Transforming Legal Landscapes: AI’s Role in Enhancing Proportionality in eDiscovery

Hanzo on

In today’s digital era, the process of eDiscovery plays a crucial role in the legal system. It’s like a detective’s quest to uncover the truth hidden within vast digital realms of data. However, this quest is often hindered...more

Hanzo

Exploring AI’s Impact on Legal Practices: Insights from Legalweek 2024

Hanzo on

Legalweek 2024 was a significant event for the legal industry, showcasing a pivotal shift towards integrating and understanding generative artificial intelligence (AI) in a nuanced way. The conference held in New York City...more

Association of Certified E-Discovery...

Technocat Tidbits: eDiscovery Alphabet Soup

When navigating the sea of data and terms of art in eDiscovery, it can feel a bit like you are wading through murky alphabet soup. Seriously, this industry sometimes feels a bit like it has gone overboard on the Acronyms!...more

Mintz - Antitrust Viewpoints

AI Judges? Chief Justice Roberts Thinks Not — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss Supreme Court Chief Justice John Roberts’s letter on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Taming the AI Beast: Local Rules Amended to Control Use of Generative AI in Court Filings

The legal profession has increasingly witnessed the rise of artificial intelligence (AI) technologies, particularly generative AI, which has shown immense potential in various areas of legal practice. From legal research to...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Hanzo

Unprecedented Discovery Data Volume in FTX Case Highlights Growing Need for AI

Hanzo on

In the ongoing case of Sam Bankman-Fried and his failed crypto exchange FTX, the growing volume of evidence highlights the new landscape of ediscovery challenges when it comes to the breadth of new data sources showing up in...more

Gray Reed

Legal Research Gone Wrong: A Cautionary Tale About Relying on ChatGPT

Gray Reed on

Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal...more

Reveal

Why Law Firms Should Consider Using AI Tools Before Review

Reveal on

The use of automation, analytics, and Artificial Intelligence (AI) in the legal process is something the eDiscovery industry has been talking about for many years now, and one might be inclined to think the rate of adoption...more

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