For decades, e-discovery rules have held steady in spite of the challenges that new technologies have brought to the practice. But in the age of generative artificial intelligence, deepfakes, ephemeral applications and exploding data types, even the most notorious principles of privilege or proportionality are being disrupted.

On Wednesday, a panel of judges at the ”The Annual Judicial Panel: Discovery, Deepfakes, and the Role of the Judge” at the 11th Annual UF Law E-Discovery Conference looked back at some of the latest cases that challenged e-discovery rules, whether it be how sanctions for evidence spoliation are determined or what privilege claims may mean for future litigation.

Are Adverse Inferences Still the ‘Nuclear Option’?

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