When Deepfakes Hit the Evidence Table Are You Ready?
Authentication. AI. Expert Witnesses. What Happens Next in Federal Court.
The courtroom is changing. Not gradually, but drastically. Today, AI can generate evidence. Tomorrow, it might challenge how we define truth.
In this exclusive roundtable presented by Today’s General Counsel and in partnership with iDS, Jeremy Kahn, Principal, Berman Fink Van Horn P.C. and Teddy Brown, Managing Director, iDiscovery Solutions, Inc. break down what litigators, investigators, and legal teams need to know when synthetic data and machine learning meet the Federal Rules of Evidence.
The Conversation Covers:
Rule 901 and the New Burden of Proof
When anyone can create a deepfake, the standard for authentication shifts. Now it’s not just about admissibility. It’s about explainability. Who created the content? How? And can you prove it?
Who Counts as an Expert in the Age of AI?
Expert witnesses are still essential, but now, they need to understand how generative tools work and how evidence was processed. The role hasn’t disappeared. It’s evolved.
Rule 707 and the Rise of Algorithmic Testimony
If a model makes the call, can it be cross-examined? Rule 707 suggests that AI outputs need to meet the same standards as human experts. That changes how evidence gets admitted, and how cases get built.
Ethics, Competence, and Legal Risk
Model Rule 1.1 makes it clear: lawyers are responsible for understanding the technology they use, and the technology used against them. AI literacy isn’t a bonus. It’s a baseline.
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Why It Matters
Read the Executive Summary of the full conversation for a concise overview of key insights and takeaways—giving you a clear picture of where we stand today and what’s ahead.
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