Extract from Benjamin Joyner’s article “AI Can’t Get You Out of Discovery Obligations, but Glitches Might Be Forgiven”
On Wednesday, HaystackID hosted a webcast on emerging issues in e-discovery and electronically stored information (ESI), titled “What’s Now and What’s Next? Trends, Technologies and Legal Authority Shaping eDiscovery for Cybersecurity, Governance and Investigations.”
Below are two takeaways from recent case law on e-discovery and sanctions related to electronically stored information.
Gen AI in the E-Discovery Process
At present, there is no case law explicitly approving the use of generative artificial intelligence in e-discovery. However, pro se parties in several recent cases have inadvertently helped to begin defining the boundaries of acceptable AI use in pre-trial processes.
In one instance, the U.S. District Court for the Southern District of Ohio ruled that a pro se defendant’s development of an AI agent to search his files did not constitute a reasonable effort to track down documents requested by the plaintiffs.
