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When Deepfakes Hit the Evidence Table

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Authentication. AI. Expert witnesses. What happens next in federal court.

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When Deepfakes Hit the Evidence Table executive summary

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, 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.

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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Teddy Brown

About Teddy Brown

Damages analysis and forensic accounting: what the financial record supports, under which assumptions, and how sensitive the number is to each of them.

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About iDiscovery Solutions

iDS provides consultative data solutions to corporations and law firms around the world, giving them a decisive advantage, both in and out of the courtroom. Our subject matter experts and data strategists specialize in finding solutions to complex evidence challenges, ensuring data can be leveraged as an asset and not a liability.

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Where expertise leads, defensible outcomes follow.

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