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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. It should not be overlooked that ECA provides a great opportunity to not just to get a handle on documentary and electronic evidence, but also presents a fact finding opportunity.

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How to Find Out Who’s at Fault in Car Accidents

CaseFox

Law enforcement officers responding to the accident will assess the scene, take statements from those involved and any witnesses. This report can be a pivotal piece of evidence if the case escalates to legal proceedings. This evidence can show road conditions, vehicle positions, traffic signs, and other crucial factors.

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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

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. However, they currently only have limited tools and methods to authenticate digital evidence and determine if it is real or AI-generated. So, you know, what steps do you think can be done on these things as well?