Extract from Varun Bisht’s article, “The Next E-discovery Challenge Is AI-Generated Evidence.”
Legal teams have spent the past decade adapting e-discovery practices to new sources of ESI (electronically stored information). Generative AI is the newest frontier.
As employees regularly tap AI to help summarize documents, draft communications, conduct research, or analyze information, these efforts produce prompts, responses, chat histories, summaries, and other artifacts that may eventually be relevant in litigation.
Therefore, legal teams today need to reframe AI not only as a tool for daily workflows but as a potential source of ESI that may need to be considered across preservation, collection, and review.
