As generative AI becomes increasingly integrated into everyday business operations, organizations are creating and relying on AI-generated records at an unprecedented pace. But what happens when those records become relevant to litigation and the information needed to explain how they were created is no longer available?

In her latest article for Thomson Reuters’ Westlaw Today, Nicole Marie Gill, Chair and Managing Member of CODISCOVR, explores the emerging eDiscovery and information governance challenges surrounding the preservation and authentication of AI-generated business records.

Nicole examines why retaining the final output may not be enough and how prompts, source documents, model versions, audit trails, and human edits can become critical to establishing a defensible chain of custody. She also discusses the importance of updating legal hold procedures, evaluating AI vendors’ preservation capabilities, and implementing risk-based governance strategies before discovery disputes arise.

To read Nicole’s full article, “The Missing Chain of Custody for Enterprise AI — Why Organizations Must Preserve the Inputs, Context and Audit Trail Behind AI-Generated Business Records,” as published by Thomson Reuters’ Westlaw Today, click here.