If you’ve been following this blog, you know I’ve been writing about the intersection of generative AI and employment litigation for a while now. I’ve talked about updating litigation hold policies to account for GenAI data, and I’ve urged employers to start requesting plaintiffs’ AI conversation histories in discovery.
Well, a ruling this past
Yesterday, I talked about the obligations that employers have to preserve data. But let’s switch gears; in an employment discrimination claim brought against a company, an employee’s AI usage is fair game for discovery.
And by not asking for it in litigation, you just might be missing out.
ChatGPT alone has over 700 million weekly
A new trend is appearing in HR offices and legal departments across the country: Employee complaints and legal documents that seem professionally written but show clear signs of being created with generative AI.
I’m not referring to employees getting legal advice from ChatGPT (which, as of this week, ChatGPT itself says it shouldn’t be used