10/17/2019

Artificial Intelligence in Litigation

I attended a mind-blowing CLE in Minneapolis on Monday. The big picture theme was artificial intelligence. Get your head around this—computers are being designed so they know how to think and learn. They don't apply rules anymore, they synthesize data, learn, forecast, incorporate new data, and re-run the programs. I'm talking about taking in, for example, 800,000 pages of medical literature in 90 seconds and adding it to the process.

More intriguing from a litigation perspective is the data on your phone. Your phone is maintaining an extremely detailed log of your calls, texts, travel locations, and web browsing. I don't mean it's just stored on your phone for the past few days, I'm talking about years ago. The example given was from a panelist's trip to Ireland several years ago. Unbeknownst to him at the time, his phone was putting his travels into a cloud program. Recently he pulled the information off his phone, replayed his stops, travel time, mode of traveling, etc. He didn't realize this data was being tracked and stored at the time!

In other words, if you travel from Hugo to Cambridge to Stillwater to White Bear Lake and back to Hugo, your phone will log the travel time, where you stopped, how long you were at each place, and recreate your exact path. That information is discoverable in litigation. This could be an extremely useful tool, or crush an alibi, depending on which side of the artificial intelligence fence you're on.

Keep this in mind. Of course, just avoid trouble or litigation and none of it will matter. But, if you are in a dispute, this information is available and could be very influential.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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