In the Media
Bobby Malhotra Discusses Court AI Disclosure Rules in Legaltech News
In the Media
July 13, 2023
Winston & Strawn Partner Bobby Malhotra was recently quoted in a Legaltech News article where he discussed the importance of the distinction between AI and generative AI following an order issued by a federal judge in the Eastern District of Pennsylvania. The order requires attorneys that have used artificial intelligence in the preparation of any complaint, answer, motion, brief, or other papers filed with the Court to disclose that AI was used. Questions have been raised in the legal industry on how realistic this order may be, as AI has been adopted into many legal tools that are used daily.
“One thing that I worry about is using AI without actually defining what type of AI you want to disclose, because there could be a lot of AI being used under the hood [and] lawyers may not know that the underlying technology that they’re using is actually AI,” said Bobby.
With this latest judicial order, some professionals believe that these orders may slow the adoption of artificial intelligence. “AI has so many different definitions. There’s so many variations of machine-learning technology being caked into so many different applications that we’re using from scheduling applications to brief-writing applications, all the way through e-discovery applications,” Bobby said. He added that “without having a clear understanding of what AI truly means and what needs to be disclosed, I do feel that more broadly, it may have a hindrance on the development and the further use of AI.”
