June 13, 2025
This article first appeared on Law360 on June 12, 2025.
As AI and machine learning tools become more common in expert workflows, courts are increasingly scrutinizing their use under Federal Rule of Evidence 702. In The Risks and a Path Forward for AI and Machine Learning Tools in Expert Testimony, we examine recent cases where AI-assisted opinions were excluded due to concerns about reliability, transparency, and expert understanding.
Published in Law360, the article draws parallels to the courtroom journey of statistical tools like SAS and Stata, once novel and now widely accepted thanks to transparent methods and qualified expert use. This evolution offers a roadmap for how AI and ML might achieve similar acceptance.
Key recommendations include:
Used responsibly, AI tools can support expert testimony but only if they meet the same standards of reliability and transparency that courts expect from established methodologies.
Navigating ECCTA: A Guide for Organizations
Ben Boorer, writing for Enterprise Times, discusses the Economic Crime and Corporate Transparency Act (ECCTA), which comes into force on 1st September 2025. ECCTA will reshape the UK’s compliance landscape by, amongst other things, holding organisations accountable for fraud committed by employees, agents, and subsidiaries.
Google Damages Ruling Offers Lessons for Testifying Experts
In an article for Law360, Director Adam Rhoten explores the implications and significance of the recent en banc U.S. Court of Appeals for the Federal Circuit decision in EcoFactor Inc. v. Google LLC, a significant ruling that marks a shift toward stricter judicial scrutiny of expert testimony in patent cases.
Achieving Organic Growth for a Legal Nonprofit
In this article for Law 360, Secretariat Managing Directors and co-founders of Law Rocks Nick Child and Ted Scott reflect on their journey of founding the nonprofit, reflecting on the biggest challenges they faced, and how they balance this endeavor with their full-time careers.