Law
Courts across the United States are encountering novel and complex AI-related legal questions on a wide range of issues. Examples include intellectual property disputes related to the training of LLMs and defamation cases that challenge content generated by chatbots. Courts are also grappling with how to address the use of GenAI by litigants, from incidents of AI hallucinations in briefs to the case management implications of GenAI-facilitated pro se filings. Due to the rapid pace at which the ‘law of AI’ is evolving, the scope of this section is limited to an overview of selected legal issues.
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Local Rules and Standing Orders
Attorneys and self-represented litigants are using GenAI tools to assist with legal research, drafting, and preparing for proceedings. Some are relying on these tools with little awareness of their limitations and may fail to verify all GenAI output. Courts have adopted different approaches to crafting orders that address the use of GenAI in court filings.
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Sanctions, Fines, Disciplinary Action
As the number of court filings with hallucinations has increased, courts have begun to impose sanctions on litigants for AI-related errors, including fines, disciplinary referrals, and mandated training. Courts have the authority to craft sanctions appropriate to the facts of each case.