Extract from Ella Sherman’s article “4 Controversial Issues Complicating the E-Discovery Space”
The topic of generative artificial intelligence tends to inspire spirited conversations, and during an event Thursday, experts at Reed Smith hashed out controversial topics that have emerged in the e-discovery space as technology such as gen AI has advanced.
At the seventh annual “Discovery Crossfire: Debating the Controversial AI Issues in Discovery” webinar hosted by the Pittsburgh-founded law firm, lawyers exchanged views on issues concerning gen AI interactions, electronically stored information protocols, and more.
Third-Party Gen AI Tools
When the subject arose about whether a party could use third-party gen AI tools to analyze and perform summarization on adverse party discovery materials without their consent, Reed Smith partner Anthony Diana argued that this should be permitted.
“Every lawyer should be using … the best process available to efficiently review whatever discovery materials the other side turns over, we know we live in a world where oftentimes it’s incredibly voluminous,” he said. “There’s nothing in the federal rules of civil procedure that says I can’t do whatever I want with these materials, whether I’m using technology, whether I’m using people, it doesn’t really matter, right, as long as I’m reasonable, I’m keeping everything confidential.”
