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

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