E-Discovery

Introduction: Discovery in the Age of AI # Discovery in AI litigation presents challenges unlike any the legal system has previously faced. Traditional e-discovery concerns, email preservation, document production, metadata integrity, seem quaint compared to the complexities of preserving a machine learning model, obtaining training data that may encompass billions of data points, or compelling production of algorithms that companies claim as their most valuable trade secrets.

The legal profession faces unique standard of care challenges as AI tools become ubiquitous in practice. From legal research to document review to contract drafting, AI is transforming how lawyers work, and creating new liability risks. Since the landmark Mata v. Avianca sanctions in June 2023, at least 200+ AI ethics incidents have been documented in legal filings, and every major bar association has issued guidance.