Litigators need to do a better job holding factfinders' hands through complex AI, privacy, and other tech issues, a pair of federal judges told Fenwick’s Michael Sussmann during his recent panel at IAPP's annual Global Summit in Washington, D.C.
The advice was Law360’s top takeaway in a recent article about the discussion, which was moderated by Sussmann and featured U.S. District Judges Allison Burroughs of the District of Massachusetts and James Boasberg of the District of Columbia.
"I'll say to parties, I don't know anything about the technology involved in this [dispute]," Burroughs told Sussmann. "So, if you want me to understand it, you should bring in an expert, and you should talk very slowly, and you should treat me like I'm a very smart second-grader."
"You [as a judge] are thinking, I have no idea what you're even talking about or what this regulation is even intended to do," Boasberg said. "And so, what do I do? I'll put that brief down and go to another brief, which is the worst thing that you, as a lawyer, ever want to have happen — for me to say, let me see what your opponent said."
The discussion, “Privacy Perspectives from the Federal Bench,” touched on a range of topics including areas where technology has gotten ahead of the law, the implications of AI and deep fakes in authenticating evidence, tips for lawyers seeking or defending against access to personal data, and more.
Read the full article at Law360.