GENERATIVE AI: CAUSES OF ACTION, DEFENSES, AND DISCOVERY
Presented by: Ron Hedges, Principal Ronald J. Hedges LLC
Generative AI (“GenAI”) is becoming –or already is – a common feature in civil litigation. The use of this technology will surely increase as attorneys and pro se parties see the benefits of that use. However, GenAI use can also pose risks. This presentation will examine those benefits and risks and will address, among other things:
Causes of actions that GenAI “products” might give rise to
Preservation and Discovery of GenAI
Admissibility of Evidence Derived from GenAI
Sanctions Related to Misuse of GenAI
Best Practices for Use of AI and GenAI
Those attending this presentation will :
Learn how use of AI or GenAI can give rise to causes of action
Appreciate defenses that might be raised to those causes of action
Understand how and when the duty to preserve GenAI might arise and the scope of that duty
Recognize what must be proven for GenAI to be admissible
Appreciate sanctions that might result when “hallucinations” happen
Consider best practices when using GenAI
Ronald J. Hedges is the Principal of Ronald J. Hedges LLC. He served as a United States Magistrate Judge in the District of New Jersey for over 20 years. Ron speaks and writes on a variety of topics, many of which are related to electronic information, including procedural and substantive criminal law, information governance, litigation management, and integration of new technologies such as artificial intelligence into existing information governance policies and procedures. Among other things, Ron is the chair of the Court Technology Committee of the Judicial Division of the ABA and the a member of the AI committees of the NJ and NY State Bar Associations. He is the lead author of a guide for federal judges on electronically stored information, https://www.fjc.gov/content/323370/managing-discovery-electronic-information-third-edition-2017. Ron is also the co-senior editor of The Sedona Conference Cooperation Proclamation, Resources for the Judiciary, Third Edition (June 2020) and the supplements thereto, https://thesedonaconference.org/sites/default/files/Judicial%20Resources%20publication%20announcement.pdf.
