Generative AI and the eDiscovery Paradox: Is Your Legal Team Prepared?

Generative AI tools, such as Microsoft Copilot, are revolutionizing enterprise workflows, but they also introduce unique challenges for eDiscovery. The rapid adoption of Copilot in Microsoft 365 environments has led to a new class of data—generated from prompts, responses, and interactions—that must now be addressed in legal disputes and investigations. While not traditionally considered "communications," this data is increasingly likely to be scrutinized in litigation.

FTI Technology’s experts have extensively tested Copilot within Microsoft 365, uncovering how these tools store artifacts across applications like Teams, Word, and Outlook, and how they interact with Microsoft Purview for legal holds and data management. The findings emphasize the need for proactive governance to ensure legal teams can identify, collect, and process this emerging data effectively.

As Copilot evolves, new functionalities—like collaborative prompting and sentiment analysis—pose additional complexities, from scoping data sources to handling sensitive AI-generated content. Legal teams must prepare by integrating lessons learned from handling other emerging data types, creating centralized archives for AI tools, and aligning governance strategies with regulatory trends.

This insightful article by Collin Miller, Tori Anderson, and Tracy Bordignon explores the intersection of generative AI and eDiscovery, offering practical guidance for attorneys navigating this shifting landscape.

Source: “Where Do All the Prompts Go? Generative AI and the Genesis of a New Emerging Data Paradox,” authored by Collin Miller, Tori Anderson, and Tracy Bordignon for FTI Technology.