In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more
5/14/2025
/ Algorithms ,
Artificial Intelligence ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Legal Ethics ,
Legal Technology ,
Litigation Strategies ,
Sanctions
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
4/1/2025
/ Artificial Intelligence ,
Class Action ,
Copyright Infringement ,
Copyright Litigation ,
Discovery ,
Discovery Disputes ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Litigation Strategies ,
Machine Learning
In Tremblay v. OpenAI, Inc., 2025 WL 635335 (N.D. Cal. Feb. 27, 2025), plaintiffs, the requesting parties, sought to have input in determining search terms to be used by defendant, the producing party. Based on “the specter...more
3/4/2025
/ Artificial Intelligence ,
Discovery ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Intellectual Property Litigation ,
Legal Technology ,
Litigation Strategies ,
Technology-Assisted Review
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule. Ms. Berg’s article stated that reactions “span from one...more
Oliver Hardy, of Laurel and Hardy fame, said: “Well, here’s another nice mess you’ve gotten me into!” That’s what happened with the citation of three non-existent cases in a motion for early termination of supervised release...more
Some courts have issued Standing Orders governing the use of A.I. Another viewpoint is that a better approach is to use Local Rules. See Shweta Watwe, Judges Reflect on GenAI Use One Year After ChatGPT’s Debut...more
“Florida lawyers might soon be required to get their client’s consent before using artificial intelligence on their legal matters.” Karen Sloan, “Florida bar weighs whether lawyers using AI need client consent | Reuters...more
[EDRM Editor’s Note: This article was first published September 27, 2023 and EDRM is grateful to Michael Berman for permission to republish. The opinions and positions are those of the author.] “Artificial Intelligence (AI)...more
10/2/2023
/ Artificial Intelligence ,
Data Collection ,
Discovery ,
Discovery Costs ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Technology ,
Machine Learning ,
Popular ,
Risk Mitigation ,
Technology-Assisted Review