Source: Mondaq

This article from the law firm Duane Morris, published on Mondaq, explores the burgeoning legal landscape being shaped by artificial intelligence as it becomes a central issue in courtrooms across the United States. The analysis moves beyond theoretical discussion to examine concrete legal challenges and active litigation where AI is at the forefront. The key areas of conflict identified include intellectual property, where courts are deciding whether AI-generated content can be copyrighted and if training AI on existing works constitutes fair use. Another significant area is the use of AI in legal practice itself, highlighting cases where lawyers have been sanctioned for submitting briefs containing "hallucinated" or fabricated case citations generated by AI.

The authors also touch upon the evidentiary challenges posed by AI. Questions are arising about the admissibility of AI-generated evidence, how to authenticate it, and how to probe it for potential biases or errors during discovery and cross-examination. Furthermore, the piece considers product liability issues, exploring who is responsible when an AI system—like a self-driving car or a medical diagnostic tool—makes a mistake that causes harm. The article concludes that the judiciary is in the early stages of establishing precedents for this new technological era, and the outcomes of these initial cases are setting the foundational rules that will govern the development and deployment of AI for years to come.