Host Paul W. Grimm continues his conversation with Professor Maura R. Grossman on the legal system’s growing challenges with generative AI and deepfakes. They explore how AI-generated images, video, and audio differ from traditional fakes—and why they present unique evidentiary challenges and ethical problems for lawyers and judges. They also discuss the legal implications of the “liar’s dividend,” the psychological impact of AI-generated evidence on juries, and potential updates to the Federal Rules of Evidence. In the absence of new rules dealing with AI evidence, they explain how early case management, protective orders, and Rules 403 and 901 can address a few of these challenges.

ADDITIONAL RESOURCES

• Grossman, Grimm & Coglianese "AI in the Courts: How Worried Should We Be?" (Judicature)
  This Judicature article offers a discussion of the pros and cons of AI in the legal profession following the rise of ChatGPT and other large language models (LLMs).

Federal Rules of Evidence – In particular, this episode focuses on:

• Rule 104(a) & (b): Preliminary vs. conditional relevance
• Rule 403: Exclusion of prejudicial evidence
• Rule 901: Authentication of evidence
• Rule 702: Expert testimony

ABOUT THE HOST

Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here to read his full bio.