Firms mull need to disclose AI use
By: Rani Mehta
Coby Nixon, chair of the litigation practice at Buchalter in Atlanta, tells Managing IP that there are a couple of details about the order that jump out.
“It talks about AI, but I don’t know that there’s a fully accepted definition of what AI is. Technically it could
include a lot of things, not just generative AI.”
He adds that the requirement to disclose whether AI was used “in any way” is rather broad. For example, some orders from other courts carve out exceptions for using standard research tools that have AI embedded in them, such as Westlaw or Lexis.
“This order doesn’t have a carve out for that, so it will be interesting to see if people start disclosing the use of those tools,” he notes.
He adds that he hasn’t made a firm decision on whether he will do so. But he presumes the court has looked at other orders, which could suggest that it’s safer to disclose the use of these research products.
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