Partner Ken Rashbaum to Offer Insight on Overcoming Admissibility Challenges with AI-Based Evidence

Partner Ken Rashbaum is slated to speak at a tech-centered webinar for myLawCLE on September 11, 2025. Ken will lead a program titled, “What Comes After Discovery? How Providers Can Help Meet the Unique Admissibility Challenges of AI-Based or Enhanced Evidence,” in which he will tackle the issues facing attorneys who wish to submit evidence produced by artificial intelligence (AI) models.

Convincing a harried and impatient judge that electronic information is sufficiently reliable to be admitted into evidence is hard enough, even in 2025. Adding evidence created or enhanced by AI can increase the challenge by an order of magnitude. Most trial lawyers don’t have the technical background to meet evidentiary foundation arguments, and those who do often don’t know how to phrase the arguments in non-jargon terms that a judge, and later, perhaps a jury, can understand.

The solution can be found in the proponent’s greatest potential ally, the AI model provider. Providers’ business models center upon making the complex understandable, and with guidance from experienced trial counsel, they can assist in creating winning arguments for admissibility and, of equal importance, defeating the arguments to preclude such evidence.

Ken will discuss key topics such as:

• Drafting the service agreement with the provider so that the provider will provide training, support, and assistance in dispute resolution
• Understanding the evidence foundation elements as they impact AI-created or enhanced evidence, in the absence of precedent
• Making or meeting Daubert or Frye challenges to AI evidence
• Constructing arguments for and against admissibility: Creating the narrative that overcomes, or leans into, fears of generative and predictive AI

You can learn more and register for the live webinar here.