Description
Deepfake technology – AI-generated synthetic video, audio, or images – is emerging as a serious
challenge in civil litigation. This 60-minute CLE equips litigators with an understanding of what
deepfakes are, how they’re created, and the evidentiary issues they pose. We will explore challenges
to authentication under the Federal Rules of Evidence, examine real cases, and review state and
federal legislation. We’ll also address ethical duties and offer practical tips for identifying,
challenging, and using deepfakes during discovery and trial.
Topics:
Overview - Define deepfakes, explain the relevance
Deepfake Technology Basics - Overview of how deepfakes are made, examples
Evidentiary Challenges - Authentication, liar’s dividend, costs
FRE 901, 902, & Case Law - Key rules and recent decisions
Legal & Legislative Trends - State/federal updates, lawsuits
Ethical Duties - Model Rules and real world application
Best Practices - Tips for discovery, court, and experts
Conclusion - Recap and audience engagement