@jeff

Kind of pisses me off that #law360 wrote a story about one of my briefs several years ago, yet I have to pay to read one of their articles.

Given this history, the fact that Obama - a self-style progressive Democrat - put this guy in charge of the nation's antitrust enforcement is darkly hilarious. You couldn't ask for a more canid #DingoBabysitter. But even more grimly funny is the fact that #Law360 - a trade journal for lawyers - got Gelfand to write its op-ed on the DoJ's Google suit:

https://www.law360.com/competition/articles/1572647/biden-admin-s-anti-merger-stance-is-leading-to-bad-policies

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Judge slams senators' letter against FTX lawyers as 'inappropriate' - Bankruptcy judge John Dorsey called the bipartisan letter “inapp... - https://cointelegraph.com/news/judge-slams-senators-letter-against-ftx-lawyers-as-inappropriate #hickenlooper #examiner #senators #delaware #terrett #winter #tillis #warren #lummis #dorsey #law360

In this piece for #law360, Brent Gurney and I of #WilmerHale dig into a growing issue: concerns over #deepfakes in the courtroom.

In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that #artificialintelligence may have surreptitiously altered the videos.

These challenges are the most notable examples yet of defendants leveraging the growing prevalence in society of #AI-manipulated media to question evidence that, until recently, many thought was nearly unassailable.

These challenges will only get more prominent with the rise of #GenerativeAI (see e.g., #OpenAI
#ChatGPT, etc.)

#Jan6 defendants like Joshua Christopher Doolin and Guy Reffitt raised concerns over #deepfake evidence, as did Kyle Rittenhouse and prosecutors (briefly) in the "Pennsylvania Cheer Mom Case".

How can litigants prepare for litigation in a post-truth age? In light of recent experience, consider the following best practices.

For Litigants Proffering Evidence
- Follow Federal Rules of Evid 902(13)-(14)
- Do not take any evidence for granted
- Provide circumstantial evidence to help establish the authenticity of open-source imagery
- Prepare forensic witnesses to address questions around #deepfakes
- Be knowledgeable about the technology you are using.

For Adverse Parties
- Review disclosed evidence in advance of the trial.
- If media is questionable, consider retaining an expert to explain why it may be inauthentic.
- Have a good faith basis to question any evidence.

Attorneys must act consistent with the Rules of Evid & with their duties as public citizens with special responsibility for the quality of justice to zealously represent their clients, while not recklessly undermining the idea of epistemic truth in an era riven by heedless doubt.

https://www.wilmerhale.com/en/insights/publications/20221221-the-other-side-says-your-evidence-is-a-deepfake-now-what

In this piece for #law360, Brent Gurney and I of #WilmerHale dig into a growing issue: concerns over #deepfakes in the courtroom.

In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that #artificialintelligence may have surreptitiously altered the videos.

These challenges are the most notable examples yet of defendants leveraging the growing prevalence in society of #AI-manipulated media to question evidence that, until recently, many thought was nearly unassailable.

These challenges will only get more prominent with the rise of #GenerativeAI (see e.g., #OpenAI
#ChatGPT, etc.)

#Jan6 defendants like Joshua Christopher Doolin and Guy Reffitt raised concerns over #deepfake evidence, as did Kyle Rittenhouse and prosecutors (briefly) in the "Pennsylvania Cheer Mom Case".

How can litigants prepare for litigation in a post-truth age? In light of recent experience, consider the following best practices.

For Litigants Proffering Evidence
- Follow Federal Rules of Evid 902(13)-(14)
- Do not take any evidence for granted
- Provide circumstantial evidence to help establish the authenticity of open-source imagery
- Prepare forensic witnesses to address questions around #deepfakes
- Be knowledgeable about the technology you are using.

For Adverse Parties
- Review disclosed evidence in advance of the trial.
- If media is questionable, consider retaining an expert to explain why it may be inauthentic.
- Have a good faith basis to question any evidence.

Attorneys must act consistent with the Rules of Evid & with their duties as public citizens with special responsibility for the quality of justice to zealously represent their clients, while not recklessly undermining the idea of epistemic truth in an era riven by heedless doubt.

https://www.wilmerhale.com/en/insights/publications/20221221-the-other-side-says-your-evidence-is-a-deepfake-now-what

#Illinois is "secretly clinging" to its old "Chief" mascot, says #Law360. On one hand, it's despicable. (Note my avatar; the replacement!) On the other hand, that's *exactly* the problem with not being able to warehouse offensive marks; to police 'em, you gotta use 'em. /1 https://www.law360.com/sports-and-betting/articles/1548085/univ-of-illinois-secretly-clinging-to-mascot-court-told- #trademarks

From Cointelegraph.com: Judge orders probe to investigate whether Celsius was a Ponzi https://cointelegraph.com/news/judge-orders-probe-to-investigate-whether-celsius-was-a-ponzi #examiner #Celsius #trustee #Law360 #KeyFi #KERP