Sean Shecter Speaks with Law360 for Article on AI’s Impact on Evidentiary Issues

Fort Lauderdale, Fla. (August 22, 2024) - Fort Lauderdale Partner Sean Shecter recently spoke with Law360 for an article titled, “How AI Could Shake Up Federal Evidence Rules,” which discusses the various impacts that artificial intelligence (AI) may have upon evidentiary matters during litigation.

The article opens by predicting that “it is only a matter of time” before the collision of AI and the judicial system “gives rise to a thorny array of evidentiary issues.” It goes on to describe examples of these issues, including where defendants falsely claim that legitimate evidence against them has been fabricated through AI. The article also discusses AI-inspired proposed changes to the Federal Rules of Evidence, including one on challenging potential deepfake evidence.

In addition, the article explains that in white collar crime cases, "generative AI tools could be used to create deepfake voice recordings, bogus financial records and other potentially incriminating evidence." In commenting on how AI might impact white collar criminal litigation, Mr. Shecter told Law360, "It's only a matter of time before these AI tools are used in white collar cases, because they are complex and have a lot of data and moving points. . . . This is 'Brave New World' stuff.”

Mr. Shecter – a former federal prosecutor – serves as co-chair of Lewis Brisbois’ Government Investigations & White Collar Defense Practice, as chair of its Supply Chain Due Diligence Practice, and as a member of its AI Task Force. In addition to having extensive experience defending clients in regulatory, white-collar criminal, and complex civil litigation matters, he is proficient in advising clients on emerging AI regulations and compliance issues.

Read the full Law360 article here (subscription may be required).