Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Martin Felsky

Senior Counsel

August 8, 2025

 

For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sedona Canada Principles.

 

That risk-averse approach serves its purpose. But it also entrenches a mindset that treated technology as a liability to be justified rather than as a capability to be unleashed. Today, generative AI invites us once again to shift our professional perspective from defensive compliance to proactive ethical design.

 

Beyond Defensibility: Toward Trustworthy AI Systems

In the world of generative AI, “defensibility” will no longer need to be treated as a constraint.… Read More

Consequences for Misuse of Generative AI

Consequences for Misuse of Generative AI

Candice Chan-Glasgow

Director, Review Services and Counsel

June 19, 2025

 

Notwithstanding the well-known potential for generative artificial intelligence (“GenAI”) to hallucinate and related guidance issued by Canadian law societies and courts, there continue to be new cases where counsel have relied on GenAI without independently verifying legal citations and content.

 

Consequences for Misuse of Generative AI.

 

 

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