Week in Review
A seven-day eDiscovery AI board scored out of 100 points, with Recency, Impact, Source, and Topic fit each worth up to 25 points. Items fall off after seven days.
The Montana Commission on Rules of Evidence has amended its proposed rule of evidence to address deepfakes. Based on public comments, proposed Rule 901 was “modified to avoid confusion where a judge, not a jury, is the fact-finder.” In re Montana Commission on Rules of Evidence, 2026 WL 2996761 (Oct. 5, 2026).
In Villanueva v. Las Vegas Metropolitan Police Department, Nevada District Judge Anne R. Traum found “it was clearly erroneous or contrary to law to order the production of the entirety of {Plaintiff expert] Melton's ChatGPT history”, granting in part and overruling in part Plaintiff's objection by finding there were.
Michael D. Berman uses Villanueva v. Las Vegas Metropolitan Police Dept. to discuss disclosing AI prompt systems in court, and the protections around AI searches.
After an alleged “deepfake” video of a sexual assault was admitted over objection, the Defendant appealed his conviction. The Supreme Court of Iowa wrote: “In this sexual abuse case, we are asked to decide whether the district court erred in admitting a video. The video graphically shows the defendant abusing the victim..
As Cimplifi discusses in this post, having humans in the loop remains central to defensible AI usage. Here’s what courts and regulators expect.
Artificial intelligence (AI)-powered meeting assistants and automated note-taking tools are a growing part of daily business operations. While these technologies offer efficiencies, they also raise important considerations around privacy, privilege, confidentiality, compliance, and litigation risk.... By: Mintz
AI coding agents are cranking out significantly more code. But those efficiency gains are being wiped out by human review “bottlenecks”.
For the first 20 years of my career, I asked questions for a living. As a trial lawyer, I wanted to know what really happened. Who knew about the problem? When did they know? What did they tell the client? Which document changed the story? Which witness had it wrong? My question was simple: What happened?
There have been several important court rulings from 2026 regarding AI already. Exterro discusses the important trends from them here!
The latest warning from Anthropic: AI models may be capable of self-replicating through IoT devices, even without access to a datacenter.