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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. For eDiscovery professionals, the stakes are particularly high.

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What is ECA (Early Case Assessment) and Why is it Important?

Percipient

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. ” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. .”

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From Deepfakes to Digital Doubt: How AI Is Challenging the Future of Evidence

Complex Discovery

Editor’s Note: Generative AI is reshaping industries, and the legal community is facing pressing challenges, particularly concerning the authenticity of digital evidence. Citron and Robert Chesney coined the term “liar’s dividend” to describe how deepfakes can be weaponized to discredit authentic evidence.

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The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. So yeah, that’s that’s the that’s the discovery portion of it.