In the New York Law Journal, Litigation & Enforcement Attorneys Analyze GenAI’s Impact on Discovery

Litigation & enforcement partner Andrew Todres, managing principal and global head of Advanced E‑Discovery and AI Strategy Shannon Capone Kirk, and litigation & enforcement associates Isaac Sommers and Emma Grunhaus authored an article in the New York Law Journal examining how generative AI might reshape civil discovery practice.

The authors explain that while GenAI’s speed and scale could transform responsiveness and privilege reviews, for now, courts are unlikely to compel its use because Gen-AI review tools are not yet as reliable or cost-efficient as well-established, industry standard review tools. To that end, the piece explains that courts are historically reluctant to mandate emerging technologies and deferential to producing parties’ methodologies, drawing instructive parallels to early judicial treatment of technology‑assisted review.

Looking ahead, the authors anticipate rapid advances that may materially reduce burden and catalyze updates to procedural rules to streamline discovery. They offer practical perspective for litigants navigating the transition: leverage proven approaches now, validate any AI‑assisted outputs, and prepare for a near‑term shift in discovery expectations as GenAI matures.