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AI Evidence and Expert Witness Insights
Educational resources for attorneys and legal teams handling AI-related litigation. Practical analysis of the technical and legal issues that matter.
Articles
Analysis and Insights
AI Evidence in Court: What Attorneys Need to Know in 2025
A practical overview of the evidentiary issues that arise when AI-generated or AI-processed evidence is introduced in civil and criminal proceedings, including authentication requirements, chain of custody considerations, and the deepfake defense.
Read articleDeepfakes and Litigation: Authentication, Detection, and the Deepfake Defense
An analysis of the technical and legal issues that arise when synthetic media is at issue in litigation, including the current state of deepfake detection technology, the limits of available tools, and how courts are approaching authenticity challenges.
Read articleFederal Rule 702 and AI Expert Testimony: The 2023 Amendment
An analysis of the 2023 amendment to Federal Rule of Evidence 702 and its implications for AI expert testimony, including the heightened gatekeeping standard and the requirement that the proponent demonstrate admissibility by a preponderance of the evidence.
Read articleAlgorithmic Discrimination: Technical Analysis in Employment and Lending Cases
A technical overview of how algorithmic bias analysis works in litigation, including disparate impact analysis, validation methodology critique, and the statistical methods used to identify discriminatory patterns in AI decision systems.
Read articleGenerative AI and Copyright: The Training Data Question
An analysis of the technical and legal issues in generative AI copyright litigation, including the relationship between training data and model outputs, memorization and extraction analysis, and the current state of the law in the Northern District of California.
Read articleAI in Government: Procurement, Performance, and Accountability
An overview of the legal and technical issues that arise when government AI systems are challenged in litigation, including procurement disputes, performance claims, and the regulatory framework applicable to federal and state AI deployments.
Read articleFinding the Right AI Expert Witness: A Guide for Attorneys
A practical guide for attorneys on how to identify, evaluate, and retain AI expert witnesses, including what credentials to look for, how to evaluate methodology, and the questions to ask before retaining an expert.
Read articleAI-Assisted Digital Forensics: Reliability and Chain of Custody
An analysis of the reliability issues that arise when AI-powered forensic tools are used in evidence collection and analysis, including chain of custody requirements, tool validation standards, and how to challenge or defend AI-assisted forensic evidence.
Read articleAI Litigation in California: State-Specific Considerations
A guide to the California-specific legal standards and regulatory framework applicable to AI litigation, including the Kelly-Frye standard, California Evidence Code requirements, and state AI governance laws.
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