
After the expert debacle in the 3M case, I gotta ask - what are you litigators doing to dig into the opposing side's AI use?
I'm sure most people have seen this story of an expert demolished using his publicly available AI promoting history: https://www.404media.co/show-how-3m-is-0-at-fault-expert-witness-used-chatgpt-to-write-report-defending-company-in-deadly-explosion-lawsuit/
I'm in-house now and don't directly litigate anymore, but it got me thinking about building out a toolkit for genAI related discovery. Has anyone put together discovery packets targeting that issue?
I would probably wait until getting responses to a first set of written discovery before propounding a second set focused on AI use by the opposing side. That gives them a chance to use it in drafting their first responses before warning them you're coming after their AI use in discovery.
If anyone has put together discovery on the subject and would be willing to share, I'd love to see it.