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Deepfakes and the Evolving Duties of eDiscovery Counsel

Martin Felsky Senior Counsel April 28, 2026 The long-standing view that electronic discovery and disclosure can be treated as purely procedural or technical exercises distinct from the law of evidence is no longer tenable. That position was already difficult to sustain in an era of emails and databases. It becomes untenable in the age of synthetic media. E-discovery (and here I use the term broadly to include disclosure in criminal and regulatory procedure) is about shaping the evidentiary record. What is preserved, collected, filtered, and produced defines what may ultimately be tendered in court. A small but critical




