Martin Tully Featured in Legaltech News Article “Georgetown AEDI Day One Takeaways: Possession, Custody or Control Is a Live Issue. Gen AI Usage Is an Unsettled One.”

In recent coverage of day one of the 2025 Georgetown Advanced eDiscovery Institute (AEDI), Legaltech News highlights AEDI’s focus on recent eDiscovery case law developments and sessions on generative artificial intelligence, discovery sanctions, and more.

One of these sessions, “AI Protocols: To draft or not to draft?  Let the debate begin!” featured Redgrave partner Martin Tully discussing the advantages and disadvantages of establishing a protocol for using GenAI in document review and production. 

Legaltech News writes:

One issue that is largely absent from existing case law is the use of gen AI in discovery.  At a later session on AI protocols, the conversation largely centered on how opposing parties are likely to grapple with the use of gen AI in discovery without guidance from judicial opinions.  Because the technology in question is in its infancy and many commercially available tools have been on the market for less than a year, practitioners also face a lack of publicly available ESI protocols governing the use of the technology.

In the absence of case law or other shared standards, parties are left to hash out agreements on a case-by-case basis, with disclosure of the use of AI, validation metrics, data security and quality control all potential sources of disagreement.

While it may be challenging to cohere around a common set of practices, failure to do so could be costly.  Redgrave partner Martin Tully noted that the industry was suffering from the lack of a decision analogous to Da Silva Moore v. Publicis Groupe, which explicitly approved the use of predictive coding.  In the absence of such a ruling, some parties and counsel, concerned about lengthy or costly disputes, may choose to avoid the use of gen AI discovery techniques in cases where they might otherwise be useful.

Learn more about AEDI and the sessions featuring Redgrave team members here.