Digital White Papers

I L T A W H I T E P A P E R & S U R V E Y R E S U L T S | L I T I G A T I O N & P R A C T I C E S U P P O R T 8 I L T A ' S 2 0 2 3 L I T I G A T I O N & P R A C T I C E S U P P O R T S U R V E Y R E S U L T S hurdle in eDiscovery that we had to wrestle with, along came the Gen AI developments, and suddenly it was even more of a limitless universe of data and information. Almost as quickly as Gen AI dominated the headlines, the more unsavory characters were already hard at work delivering equally devastating twists on this new type of 'evidence'. Deep fakes are a very concerning aspect of Gen AI as are hallucinations and the lack of ability to detect them. When the legal team is given a set of data from a client or collects that data themselves, how will they be able to determine whether that data is indeed created by the author (as we traditionally know it) or by some type of Gen AI tool? What types of metadata will this tool provide for us to be able to accurately and consistently provide the information needed to prove or disprove the evidence? Traditional methods such as the testimony of the individual who 'created' the evidence may not be sufficient. Do the courts know this and understand it? Does the legal team? Tools that can detect evidence that was not 'created' in the traditional sense, may be of assistance, but these tools are far from being accurate. But what about the data that was intentionally created with Gen AI? How will we authenticate that? Can you simply have the tool be fed the same information it previously consumed and ensure that it will provide the same response? Given that Gen AI will keep learning from each prompt and each new response, and any refinements made to its answer, likely not. There are too many things that keep me up at night, but I can tell you that when Gen AI burst on the scene, it kept me up thinking about all the wonderful things this new technology could offer me in my daily life, but then I started to think about how this new technology might make it even more complicated for me to do my job as an eDiscovery professional. And that most certainly keeps me up at night. ILTA The tools used vary, with most of them used by one survey respondent. All tools are listed here if given even one vote. Like last year's survey, most of the respondents continue to outsource, and I think the trend will continue given the additional data sources we are seeing and the challenges of collecting that data. Finding a reliable vendor to engage in these collections will be essential. Data is created on so many different platforms and the tools we have often don't keep up with all the new programs. Vendors will be a much sought-after resource. One of the largest responses to last year's question on 'What was the greatest challenge facing lit / practice support today' was the complexity of non-traditional data sources / emerging tech. I don't see that this will change in the next few years, I think it may also be the driver for outsourcing this type of work. — Monique Sever

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