Is Gen AI’s ‘Da Silva Moore’ Moment Approaching?, Legaltech News
October 17, 2025Of Counsel Elizabeth Marie Gary was quoted in a LegalTech News article discussing the possibility of case law governing the use of generative artificial intelligence (AI) in legal discovery.
Liz noted that while courts haven’t banned AI tools, a clear judicial endorsement, such as the holding in Da Silva Moore of predictive coding in discovery, could help establish generative AI as a defensible and efficient method for document production.
“I think judicial approval of AI for e-discovery—or the Da Silva Moore for AI—would help establish that AI is a reasonable, defensible tool in satisfying a party’s document production obligations,” Liz said. “But I’m not sure the lack of existing case law is holding back adoption,” she added.
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