Spencer Fane attorney Arnold D. Lee authored the article Court orders expert witness AI prompt disclosure – What litigators need to know, recently published by Reuters and Westlaw Today.
In his article, originally a firm blog post, Arnold discusses how a recent federal court ruling could reshape discovery involving expert witnesses’ use of generative AI, particularly by treating AI prompts as part of an expert’s methodology. He examines the broader implications for litigators, including expert preparation, preservation obligations, and evolving discovery strategies as AI becomes more common in litigation.
“As generative AI becomes a routine part of expert work, the question is no longer whether opposing counsel will ask about it but how prepared your side will be when they do. Litigators who treat AI inputs as discoverable from the start, preserve the record, and manage prompt content with care will be the ones who turn this emerging issue from a liability into a controlled, defensible part of expert practice,” Arnold wrote.
At the firm, Arnold helps individuals and entities navigate complex matters through litigation and alternative dispute resolution, providing sound representation in state and federal courts and thoughtful guidance in mediation and arbitration. He skillfully employs comprehensive, client-centered strategies backed by decades of diverse experience and a full-service approach to casework, from intake to resolution.
Read his full article here.