Generative artificial intelligence tools have deeply penetrated corporate sectors, shaping how businesses function. Acclaimed attorneys, Nick Peterson and Corey Hauser, at the esteemed law firm Wiley, outline the legal implications of these technological advancements in a recent article.
Their key concern lies in the domain of discovery, the pre-trial procedure in a lawsuit where each party can obtain evidence from the other party. They emphasize that companies need to retain generative AI data when there are reasonable grounds for anticipating litigation. Moreover, transcripts should be included in litigation hold notices due to their possible relevance to discovery requests.
While generative AI has the potential to revolutionize traditional workplaces, legal professionals must stay abreast of ensuing legal nuances. Addressing these adequately could mean the difference between skirting or breaching the bounds of legal jurisdictions during discovery. It’s a complex yet fascinating landscape, and the insights by Peterson and Hauser offer a worthy starting point for understanding the matter.